State v. Smith
Cases that cite this one
1 later published case cites this decision.
- State v. Green (N.C. 1970)
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
The warrant is fatally defective in that it does not charge that defendant wilfully neglected or refused to support and maintain his illegitimate child, an essential allegation in a criminal prosecution under G.S. 49-2; and, as frankly conceded by the Attorney-General, the judgment must be arrested on authority of S. v. Coppedge, 244 N.C. 590, 94 S.E. 2d 569, and cases cited therein.
However, the statute, as interpreted by this Court, creates a continuing offense. S. v. Coppedge, supra, and cases cited therein.
As to the significance of the finding made 2 July, 1953, in the Domestic Relations Court, that “this defendant is the father of Leonard Lee *120 Jones, see S. v. Clonch, 242 N.C. 760, 89 S.E. 2d 469, and S. v. Robinson, 245 N.C. 10, 15, 95 S.E. 2d 126.
Judgment arrested.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.