State v. . Yelverton

Stacy, 0. J.,

after stating tbe case: It will be observed tbat tbe vital element of wilfulness, necessary to constitute an abandonment under tbe statute, is omitted from both instructions assigned as errors. Tbe language of tbe statute is as follows: “If any husband shall wilfully abandon bis wife without providing adequate support for such wife, and tbe children which be may have begotten upon her, be shall be guilty of a misdemeanor.” C. S., 4447.

Speaking to a similar situation and interpreting tbe statute in S. v. Johnson, 194 N. C., 378, 139 S. E., 697, it was said: “An offending husband…