Supreme Court of North Carolina, 1945

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)

Cases that cite this one

9 later published cases cite this decision.

State v. Hammonds (N.C. 1954)
State v. Hammonds (N.C. 1954)
State v. Doughtie (N.C. 1953)
State v. Moore (N.C. 1953)
State v. Cochran (N.C. 1949)
State v. Ellison (N.C. 1949)
State v. . Morgan (N.C. 1946)
State v. Robinson (N.C. 1956)
State v. . Harris (N.C. 1948)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*611 Per Curiam.

Tbe statute under which the defendant was tried provides that “Any 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.