State v. Smith

Among the many assignments of error brought up by defendant for consideration, the one, Number 24 based upon exception Number 29, to denial of his motion for arrest of judgment is well taken. The motion should have been granted.

The General Statute 14-322 in pertinent part reads: “If any father •. . . shall willfully abandon his . . . child or children . . . without providing adequate support for such child or children, he . . . shall be guilty of a misdemeanor . . .”

Thus, to constitute a violation of this criminal statute the father must have willfully abandoned his child or children, without…