Opinion · Supreme Court of North Carolina
State v. Gilbert
State v. Gilbert, 230 N.C. 64 (N.C. 1949)
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1949-03-02
- Topic
- general
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.
Citator
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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.