State v. Gilbert
Cases that cite this one
3 later published cases cite this decision.
- State v. Hairr (N.C. 1956)
- Fowler v. Ross (D.C. Cir. 1952)
- State v. Gooch (N.C. 1982)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.