State v. Green

The only question to be considered on this appeal is whether a charge of willful failure to support illegitimate children is a “serious misdemeanor” requiring the appointment of counsel or an intelligent waiver thereof under the Sixth and Fourteenth Amendments to the United States Constitution. We think not.

Under the provisions of G.S. 49-2 the State must establish two facts in order for the defendant to be found guilty: (1) That the defendant is the parent of the illegitimate child in question and (2) that the defendant has willfully neglected or refused to support and maintain such…