State v. Smith

Supreme Court of North Carolina
State v. Smith, 97 S.E.2d 442 (N.C. 1957)
246 N.C. 118; 1957 N.C. LEXIS 361
Per Curiam

State v. Smith

Opinion

PER Curiam.

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.

Reference

Full Case Name
State v. Howard Smith
Cited By
1 case
Status
Published