State v. Killian
| Decision Date | 27 March 1940 |
| Docket Number | 290. |
| Parties | STATE v. KILLIAN. |
| Court | North Carolina Supreme Court |
Harry McMullan, Atty. Gen., and T. W. Bruton and G. B. Patton Asst. Attys. Gen., for the State.
Hunter Martin, of Lenoir, for defendant.
Under the provision of Sec. 1, Chap. 228, Public Laws 1933, Sec. 2, Chap. 217, Public Laws 1939, "Any parent who wilfully neglects or who refuses to support and maintain his or her illegitimate child [fourteen years of age or under] shall be guilty of a misdemeanor ***."
Section 3, of Chap. 217, Public Laws 1939, strikes out Sec. 3, Chap 228, Public Laws 1933, and substitutes in lieu thereof the following:
Under Section 3 of Chap. 228, Public Laws 1933, it was held in State v. Bradshaw, 214 N.C. 5, 197 S.E. 564, that a judgment of not guilty was properly entered upon a special verdict which found that a proceeding against a reputed father for the wilful neglect and refusal to support and maintain his illegitimate child was instituted more than three years after the birth of the child. This section however, was definitely changed by Sec. 3, of Chap. 217 Public Laws 1939, which limited the application thereof to proceedings "to establish the paternity of such child," and added the proviso thereto.
In the case at bar it was necessary for the State to bring the facts within the proviso of Section 3, Chapter 217, Public Laws 1939, above quoted, since more than three years elapsed between the birth of the child in 1930 and the issuance of the warrant in 1939. In order to bring the facts within such proviso it was necessary to establish, first, that the defendant acknowledged the paternity of the child by payments for the support thereof within three years of the date of its birth, and not later, and second, that the proceeding was brought within three years...
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State v. Moore
...... child and to prosecute the father of such child, who. willfully neglects or refuses to support and maintain the. same, may be instituted at any time within three years next. after the birth of the child. State v. Hodges, 217. N.C. 625, 9 S.E.2d 24; State v. Killian, 217 N.C. 339, 7 S.E.2d 702; State v. Bradshaw, 214 N.C. 5,. 197 S.E. 564; and State v. Spillman, 210 N.C. 271,. 186 S.E. 322. . . The. second assignment of error is to the admission of evidence. showing defendant had changed lawyers after the trial in the. Recorder's ......
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State v. Dill
...the child' to 'within three years from the date of such acknowledgment of the paternit of such child by the reputed father thereof.' State v. Killian, supra. It is to be noted that here the paternity of child was established in a bastardy proceeding had under the old law, and not under the ......
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State v. Dill, 73.
...originated by indictment at the May Term, 1943, more than 13 years after the birth of the child. Under the decision in State v. Killian, 217 N.C. 339, 7 S.E.2d 702, it would seem that the prosecution is barred. The pertinent provisions of Chap. 228, Public Laws 1933, as amended by Chap. 217......
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State v. Hodges
...of the paternity of such child by the reputed father thereof." Under this statute, as construed by the Court, State v. Killian, 217 N.C. 339, 7 S.E.2d 702, where acknowledgment has been made of the paternity of the child by payments for its support within three years from the date of the bi......