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STATE v. SMITH

No. 437.

97 S.E.2d 442 (1957)

246 N.C. 118

STATE v. Howard SMITH.

Supreme Court of North Carolina.

April 17, 1957.

Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., for the State.

Griffin & Grimes, Raleigh, for defendant, appellant.

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 State v. Coppedge, 244 N.C. 590, 94 S.E...

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