STATE v. ROBINSON

No. 290.

72 S.E.2d 857 (1952)

236 N.C. 408

STATE v. ROBINSON.

Supreme Court of North Carolina.

November 5, 1952.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Claude L. Love, Asst. Atty. Gen., for the State.

Theodore F. Cummings, Hickory, for defendant appellant.


WINBORNE, Justice.

Decision on this appeal as to the issue of paternity turns upon the answer to this question: Does the granting of a motion under G.S. § 15-173 for judgment of nonsuit, or verdict of not guilty in a criminal prosecution, charging defendant with willful neglect or refusal to support and maintain his illegitimate child, constitute a negative finding on the issue of paternity? If so, the plea of former acquittal set up by defendant would be well...

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