State v. . Cook

“Any parent who wilfully neglects or refuses to support and maintain bis or her illegitimate child shall be guilty of a misdemeanor and subject to such penalties as are hereinafter provided. . . .” Sec. 1, ch. 228, Public Laws 1933.

Tbe defendant duly assigned as error tbe following portion of bis Honor’s charge: “A man is presumed to intend to, if be has failed to do so, the presumption is he wilfully did so,” and we think this statement of the law was erroneous, and entitles the defendant to a new trial.

The entire paragraph of the charge, of which the foregoing is a part, is as follows: “The…