State v. Gilbert
51 S.E.2d 887
N.C.
1949
Check Treatment
Stacy, O. J.

The following excerpt from the charge constitutes one of defendant’s exceptive assignments of error:

“The court charges you if he willfully failed to provide her with adequate support after leaving her at her father’s house and you so find from the evidence and beyond a reasonable doubt, your verdict would be guilty.”

It will be noted that the element of willful abandonment is omitted from this instruction. The defendant is charged with a violation of G.S. 14-322, which provides that “If any husband shall wilfully abandon his wife without providing adequate support for such wife, etc., he shall be guilty of a misdemeanor.” The challenged instruction, therefore, was inadequate and necessitates another hearing. S. v. Yelverton, 196 N.C. 64, 144. S.E. 534. It is so ordered.

New-trial.