Supreme Court of North Carolina, 1949

State v. Gilbert

State v. Gilbert
Supreme Court of North Carolina · Decided March 2, 1949 · Stacy
51 S.E.2d 887; 230 N.C. 64; 1949 N.C. LEXIS 548 (South Eastern Reporter, Second Series)

State v. Gilbert

Opinion of the Court

Stacy, O. J.

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.

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