State v. McCoy

HUSKINS, Justice.

Does an indigent defendant in an action under G.S. 49-2, who receives a sentence of imprisonment suspended on condition that he pay child support, have a constitutional right to appointed counsel? We decline to answer the question posed because it is not properly before us.

Being the father of an illegitimate child is no crime. The only prosecution authorized by Chapter 49 of the General Statutes is grounded on the willful neglect or refusal of any parent to support and maintain his or her illegitimate child —the paternity itself is no crime. State v. Green, 277 N.C. 188, 176…