State v. Fowler

SHARP, Justice.

This appeal poses the question whether a defendant, charged under G.S. 49-2 with the willful failure to support an illegitimate child, is entitled to have the prosecution dismissed when the death of the child makes it impossible for the court to grant his motion for a blood-grouping test.

In 1945 the legislature provided that the court before which a prosecution under G.S. 49-2 is brought, “upon motion of the defendant, shall direct and order that the defendant, the mother and the child shall submit to a blood grouping test; . . . that the results of a blood grouping test shall…