State v. . VanderlipState v. . Vanderlip
- Reporters:
- , ,
- Before:
- Per Curiam.
Tbe statute under which the defendant was tried provides that “Any parent who willfully neglects or who refuses to support and maintain his or her illegitimate child shall be guilty of a misdemeanor and subject to such penalties as are hereinafter provided.” Willfulness of the neglect or refusal to provide adequate means of support of the illegitimate child is one of the essential elements of the offense, and must be charged in the warrant. S. v. Cook, 207 N. C., 261, 176 S. E., 757; S. v. McLamb, 214 N. C., 322, 199 S. E., 81.
The motion in arrest of judgment should have been allowed, S. v. McLamb, supra; S. v. Tarlton, 208 N. C., 734, 182 S. E., 81; S. v. Clarke, 220 N. C., 392, 17 S. E. (2d), 468, and therefore the judgment below is
Reversed.