State v. Hobson

VAUGHN, Chief Judge.

We hold that the verdict returned by the jury was improper and must be set aside.

Defendant was charged and tried under G.S. 49-2, which makes it a misdemeanor offense for “[a]ny parent [to] willfully [neglect] or . . . [refuse] to support and maintain his or her illegitimate child. . . .” For defendant to be found guilty of this criminal offense, two essential elements must be established: First, that the defendant is a parent of the illegitimate child in question; and second, that the defendant has willfully neglected or refused to support such child. State v. Coffey, 3…