Supreme Court of North Carolina, 1945

State v. . Vanderlip

State v. . Vanderlip
Supreme Court of North Carolina · Decided November 21, 1945 · PER CURIAM.
35 S.E.2d 885; 225 N.C. 610; 1945 N.C. LEXIS 377 (South Eastern Reporter, Second Series)

State v. . Vanderlip

Opinion of the Court

*611 Per Curiam.

Tbe statute under which the defendant was tried provides that β€œAny parent who willfully neglects or who refuses to support and maintain his or her illegitimate child shall be guilty of a misdemeanor and subject to such penalties as are hereinafter provided.” Willfulness of the neglect or refusal to provide adequate means of support of the illegitimate child is one of the essential elements of the offense, and must be charged in the warrant. S. v. Cook, 207 N. C., 261, 176 S. E., 757; S. v. McLamb, 214 N. C., 322, 199 S. E., 81.

The motion in arrest of judgment should have been allowed, S. v. McLamb, supra; S. v. Tarlton, 208 N. C., 734, 182 S. E., 81; S. v. Clarke, 220 N. C., 392, 17 S. E. (2d), 468, and therefore the judgment below is

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.