State v. McMillan

HEDEICK, Judge.

The defendant contends that when the evidence is considered in the light most favorable to the State it fails to disclose that his failure to adequately support his five children was wilful, and that his motion for judgment as of nonsuit ought to have been allowed.

In State v. Hall, 251 N.C. 211, 110 S.E. 2d 868 (1959), Parker, J., later C.J., stated:

“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 *736does not provide adequate support for his child…