State v. Robinson

'WiNboeNe, J.

Decision on tbis appeal as to the issue of paternity turns upon tbe answer to tbis question: Does tbe granting of a motion under G.S. 15-173 for judgment of nonsuit, or verdict of not guilty in a criminal prosecution, charging defendant witb willful neglect or refusal to support and maintain bis illegitimate child, constitute a negative finding on tbe issue of paternity? If so, tbe plea of former acquittal set up by defendant would be well taken. But if not, then tbe plea of former acquittal must fail. And in tbe light of tbe statutes, G.S. 49-2, G.S. 49-7, as interpreted and…