State v. Bell
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at March Term, 1922, of VaNce. On 20 December, 1921, Mabel K. Bell made an affidavit before a justice of the peace of Nance County that tbe defendant, her divorced husband, had willfully abandoned . and failed and refused to support his four children, of the age of four, six, eight, and eleven years, respectively; and thereupon she obtained a warrant under which the defendant was arrested and afterward bound to the Superior Court.
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Appeal by defendant from Allen, J., at March Term, 1922, of VaNce. On 20 December, 1921, Mabel K. Bell made an affidavit before a justice of the peace of Nance County that tbe defendant, her divorced husband, had willfully abandoned . and failed and refused to support his four children, of the age of four, six, eight, and eleven years, respectively; and thereupon she obtained a warrant under which the defendant was arrested and afterward bound to the Superior Court. At the March Term, 1922, the grand jury returned a true bill containing three counts charging the defendant (1) with the willful…
1Opinion of the CourtAdams, J.
Tbe statutes making abandonment a misdemeanor were • enacted in 1869. Public Laws 1868-69, cb. 209. Tbe first section of tbe original act is now section 4447 of tbe Consolidated Statutes, tbe. second is section 4450, and tbe third, section 4448. Section 4449 was enacted in 1917. Tbe State contends that tbe defendant is guilty of a breach of tbe section first named above (4447), and concedes that if be is not, be should be discharged. Tbe prosecution further admits that tbe defendant cannot be convicted if bis guilt is legally dependent on bis abandonment of bis wife, because be abandoned her…
2Cases cited15 opinions
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Fortune v. Commissioners.Supreme Court of North Carolina · 1905
- State v. May.Supreme Court of North Carolina · 1903
- Cram v. . CramSupreme Court of North Carolina · 1895
- Tyrrell v. Mayor of New YorkNew York Court of Appeals · 1899
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- State Ex Rel. Wallace v. BoneSupreme Court of North Carolina · 1982
- State v. FurmageSupreme Court of North Carolina · 1959
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