Legal Opinion

State v. Taylor

Supreme Court of North Carolina

Decided May 28, 1918PublishedCited by 6 opinions

INdictmeNt for abandoning bis wife without providing adequate support (Eevisal, see. 3355), tried before Lane, J., at July Term, 1911, of Buncombe. The defendant was convicted and appealed.

1Opinion of the CourtBkown, J.

The only assignment of error relates to the charge of the court. It is contended that the court failed to instruct the jury that in order to convict they must find beyond a reasonable doubt thaf the abandonment was willful, as held to be essential in S. v. Smith, 164 N. C:, 477. We do not think the charge of the judge is justly amenable to such criticism.

In one part of the charge, in referring to the constituent elements of the crime of abandonment he omitted to use the word “willful.” In other parts of "the charge the judge was careful to explain that the abandonment to be criminal must be…

2Cited by6 opinions

  1. State v. Atlantic Ice & Coal Co.Supreme Court of North Carolina · 1936
  2. State v. . FalknerSupreme Court of North Carolina · 1921
  3. State v. FalknerSupreme Court of North Carolina · 1921
  4. State v. . CookSupreme Court of North Carolina · 1934
  5. State v. . HinsonSupreme Court of North Carolina · 1936

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