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STATE v. SMITH

No. 7315SC352.

196 S.E.2d 519 (1973)

18 N.C. App. 308

STATE of North Carolina v. Albert Norfleet SMITH, Jr.

Court of Appeals of North Carolina.

May 23, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. H. A. Cole, Jr., for the State.

Boyce, Mitchell, Burns & Smith by Ben F. Clifton, Jr., Raleigh, for the defendant.

BROCK, Judge.

Defendant assigns as error that the trial court failed to allow his motion for nonsuit made at the close of the State's evidence and renewed at the close of all the evidence. We think this assignment of error has merit.

"In a prosecution under G.S. § 14-322 the failure by a defendant to provide adequate support for his child must be wilful, that is, he intentionally and without just cause or excuse...

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