STATE v. MOORE

No. 582.

78 S.E.2d 914 (1953)

238 N.C. 743

STATE v. MOORE.

Supreme Court of North Carolina.

December 2, 1953.


Attorney(s) appearing for the Case

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

McClelland & Burney, Wilmington, for the defendant-appellant.


ERVIN, Justice.

The Attorney-General correctly concedes that the court erred in denying the motion in arrest of judgment.

Under G.S. § 49-2, the neglect or the refusal of a parent to support his illegitimate child is not a crime unless it is wilful. As a consequence, the State must both allege and prove a wilful nonsupport in a prosecution under the statute. State v. McDay, 232 N.C. 388, 61 S.E.2d 86

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