State v. Perry
| Decision Date | 10 November 1954 |
| Docket Number | No. 435,435 |
| Citation | 241 N.C. 119,84 S.E.2d 329 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Ransome PERRY. |
Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and William P. Mayo, Washington, Member of Staff, for the State.
Taylor & Mitchell, Raleigh, for defendant appellant.
Since the charge in the warrant 'must be supported by the facts as they existed at the time it was formally laid in the Court, and cannot be supported by evidence of wilful failure supervening between the time the charge was made and the time of the trial--at least when the trial is had--as it was here, upon the original warrant', State v. Summerlin, 224 N.C. 178, 29 S.E.2d 462, 464, pertinent evidence in this respect offered upon trial of present case in Superior Court being directed to occurrence after the warrant was issued is insufficient to support the charge,--and the motion of defendant for judgment of nonsuit must be allowed. However, the statute, as interpreted by this Court, creates a continuing offense, G.S. § 49-2; State v. Johnson, 212 N.C. 566, 194 S.E. 319; State v. Chambers, 238 N.C. 373, 78 S.E.2d 209, and cases cited.
Hence the decision here will not preclude further prosecution in keeping with the existing factual situation.
Reversed.
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State v. Ellis, 1
...neglected and refused to provide adequate support according to his means and condition and the necessities of the child. State v. Perry, 241 N.C. 119, 84 S.E.2d 329; State v. Sharpe, 234 N.C. 154, 66 S.E.2d 655; State v. Thompson, 233 N.C. 345, 64 S.E.2d The nonsupport issue submitted to th......
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Stephens v. Worley, 8016DC974
...prosecution because G.S. 49-2 creates a continuing offense. State v. Ellis, 262 N.C. 446, 137 S.E.2d 840 (1964); State v. Perry, 241 N.C. 119, 84 S.E.2d 329 (1954). Here, there is simply no showing, on this record, that the issue of paternity has, in fact, been previously adjudicated in def......
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State v. Womack
...G.S. § 49-4, and that demand for the support of such child was made a reasonable time before the action was instituted. State v. Perry, 241 N.C. 119, 84 S.E.2d 329; State v. Chambers, 238 N.C. 373, 78 S.E.2d 209; State v. Thompson, 233 N.C. 345, 64 S.E.2d 157; State v. Oliver, 213 N.C. 386,......