Public-domain · open source
OpenJurist

225 N.C. 610

35 S.E.2d 885

State v. . Vanderlip

Supreme Court of North Carolina

Decided November 21, 1945

Supreme Court of North Carolina · decided 1945-11-21

Cited by 8 later decisions — most recently November 1956

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1945-11-21

View the full empirical analysis of this case →

*611 Per Curiam.

¶1 Tbe statute under which the defendant was tried provides that “Any parent who willfully neglects or who refuses to support and maintain his or her illegitimate child shall be guilty of a misdemeanor and subject to such penalties as are hereinafter provided.” Willfulness of the neglect or refusal to provide adequate means of support of the illegitimate child is one of the essential elements of the offense, and must be charged in the warrant. S. v. Cook, 207 N. C., 261, 176 S. E., 757; S. v. McLamb, 214 N. C., 322, 199 S. E., 81.

¶2 The motion in arrest of judgment should have been allowed, S. v. McLamb, supra; S. v. Tarlton, 208 N. C., 734, 182 S. E., 81; S. v. Clarke, 220 N. C., 392, 17 S. E. (2d), 468, and therefore the judgment below is

¶3 Reversed.

/225/nc/610 · .json · Public domain