State v. Ferguson

The judgment of nonsuit entered by Judge Frizzelle at December Criminal Term, 1954, of Wake Superior Court, when defendant was on trial on the warrant of 22 April, 1954, was not a bar to a subsequent prosecution of defendant for willfully failing and refusing to support his illegitimate child. S. v. Robinson, 236 N.C. 408, 72 S.E. 2d 857, opinion by Winborne, J., is explicit to the effect that a judgment of nonsuit, nothing else appearing, does not constitute a negative finding on the issue of paternity; and, since G.S. 49-2 creates a continuing offense, a second or subsequent prosecution,…