State v. Gilbert
Supreme Court of North Carolina
State v. Gilbert, 51 S.E.2d 887 (N.C. 1949)
230 N.C. 64; 1949 N.C. LEXIS 548
Stacy
State v. Gilbert
Opinion of the Court
The following excerpt from the charge constitutes one of defendant’s exceptive assignments of error:
“The court charges you if he willfully failed to provide her with adequate support after leaving her at her father’s house and you so find from the evidence and beyond a reasonable doubt, your verdict would be guilty.”
It will be noted that the element of willful abandonment is omitted from this instruction. The defendant is charged with a violation of G.S. 14-322, which provides that “If any husband shall wilfully abandon his wife without providing adequate support for such wife, etc., he shall be guilty of a misdemeanor.” The challenged instruction, therefore, was inadequate and necessitates another hearing. S. v. Yelverton, 196 N.C. 64, 144. S.E. 534. It is so ordered.
New-trial.
Reference
- Full Case Name
- State v. Harold Jack Gilbert.
- Cited By
- 5 cases
- Status
- Published