State v. Lambert

HEDRICK, Judge.

The sole question presented by this appeal is whether the superior court erred in dismissing the proceeding against defendant.

The offense of willful non-support of one’s illegitimate child, G.S. § 49-2, involves the following two issues: (1) Is defendant the parent of the illegitimate minor child in question? and (2) If so, has defendant willfully neglected or refused to support and maintain such illegitimate child? State v. Soloman, 40 N.C. App. 600, 253 S.E. 2d 270 (1979). Even though defendant may be found not guilty of willfully neglecting or refusing to support the il*801legiti…