State v. Smith

BROCK, Judge.

Defendant assigns as error that the trial court failed to allow his motion for nonsuit made at the close of the State’s evidence and renewed at the close of all the evidence. We think this assignment of error has merit.

“In a prosecution under G.S. 14-322 the failure by a defendant to provide adequate support for his child must be wilful, that is, he intentionally and without just cause or excuse does not provide adequate support for his child according to his means and station in life, and this essential element of the offense must be alleged and proved.” State v. Hall, 251 N.C.…