State v. . Kerby
Supreme Court of North Carolina
This was an indictment for failure to provide an adequate support for children, tried at Spring Term, 1892, of the Superior Court of Alexander County, before Bynum, J. The indictment is as follows: “The jurors for the State, upon their oaths present, that J. Nelson Kerby, late of Alexander County, on the 1st day of January, 1890, with force and arms, at and in said county, while living with his wife, one Mary Kerby, unlawfully and wilfully did neglect to provide an adequate…
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This was an indictment for failure to provide an adequate support for children, tried at Spring Term, 1892, of the Superior Court of Alexander County, before Bynum, J. The indictment is as follows: “The jurors for the State, upon their oaths present, that J. Nelson Kerby, late of Alexander County, on the 1st day of January, 1890, with force and arms, at and in said county, while living with his wife, one Mary Kerby, unlawfully and wilfully did neglect to provide an adequate support for the children, which he had begotten upon her, contrary to the ^orm of the statute in such case made and…
1Opinion of the Court
Avery, J.:
The indictment follows the words of the statute {The Code, §972), which provides that where the husband, while living with his wife, shall wilfully fail to provide ade quate support for such wife, or the children which he has begotten upon her, he shall be guilty of a misdemeanor. It is unquestionably as much a distinct criminal offence to fail to make sufficient provision for the children as for the wife, and the Solicitor might charge the omission to discharge either, or both of the duties, the disregard of which the law is intended to punish.
It was not necessary to aver in the…
2Cases cited5 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1886
- State v. . PorterSupreme Court of North Carolina · 1888
- State v. . ShellySupreme Court of North Carolina · 1887
- State v. . MooreSupreme Court of North Carolina · 1880
- State v. . EarnestSupreme Court of North Carolina · 1887
3Cited by6 opinions
- Sanders Ex Rel. Pratt v. SandersSupreme Court of North Carolina · 1914
- Small Ex Rel. Balthis v. MorrisonSupreme Court of North Carolina · 1923
- State v. . CarpenterSupreme Court of North Carolina · 1892
- State v. BellSupreme Court of North Carolina · 1922
- State v. BellSupreme Court of North Carolina · 1922
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