State v. Falkner
Supreme Court of North Carolina
Appeal by defendant from Granmer, J., at March Term, 1921, of VaNOe. Criminal prosecution, tried upon an indictment under C. S., 4447, charging the defendant with willfully abandoning his wife without providing for her adequate support as required by law. The prosecutrix and defendant were married 2 June, 1918. The defendant enlisted in the Navy three days later, and while stationed in Norfolk, Ya., his wife spent some time with him there.
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Appeal by defendant from Granmer, J., at March Term, 1921, of VaNOe. Criminal prosecution, tried upon an indictment under C. S., 4447, charging the defendant with willfully abandoning his wife without providing for her adequate support as required by law. The prosecutrix and defendant were married 2 June, 1918. The defendant enlisted in the Navy three days later, and while stationed in Norfolk, Ya., his wife spent some time with him there. He was discharged in January, 1919, and returned to his home in Henderson, where he lived with his wife until July, 1920. Defendant testified that he left…
1Opinion of the CourtStacy, J.
C. S., 4447, under which the defendant is indicted, provides as follows: “If any husband shall willfully abandon his wife without providing adequate support for such wife, and the children which he may have begotten upon her, he shall be guilty of a misdemeanor.”
It will be observed that a willful abandonment is the conduct which is condemned by this enactment of the Legislature. Being a penal statute, we must apply the rule of strict construction, and we are not at liberty to extend its terms, by implication, to include cases not clearly within its meaning. S. v. Colonial Club, 154 N. C.,…
2Cases cited31 opinions
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- State v. McDonald.Supreme Court of North Carolina · 1903
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- State v. . KingSupreme Court of North Carolina · 1882
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3Cited by23 opinions
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- Coach Co. v. . LeeSupreme Court of North Carolina · 1940
- Paris v. Carolina Portable Aggregates, Inc.Supreme Court of North Carolina · 1967
- Queen City Coach Co. v. LeeSupreme Court of North Carolina · 1940
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