State v. Summerlin

• Decision Date: 29 March 1944
• Docket Number: 292.
• Citation: 29 S.E.2d 462,224 N.C. 178
• Parties: STATE v. SUMMERLIN.
• Court: North Carolina Supreme Court

29 S.E.2d 462

224 N.C. 178

STATE v. SUMMERLIN.

No. 292.

Supreme Court of North Carolina

March 29, 1944

The defendant was brought into court on the following warrant issued by a Justice of the Peace:

'Faye Bolick, being duly sworn, complains and says, that at and in said County, and Lenoir Township, on or about the 6th day of November, 1942 Dal. Summerlin did unlawfully and wilfully beget an illegitimate child upon the body of Faye Bolick. Said child was born August 6, 1943. The said Dal. Summerlin has unlawfully and wilfully refused to provide any medical expense and support and maintenance for said Faye Bolick or her child against the form of the Statute in such cases made and provided, and contrary to law and against the peace and dignity of the State.

'(Signed) Faye Bolick.'

Upon this warrant the cause was heard in the Recorder's Court of Caldwell County, and the defendant was found guilty. Judgment was rendered sentencing the defendant to six months in jail and assigning him to work upon the roads, to be suspended on payment of $10 per month to the prosecuting witness and $47.50 to N. D. Bolick for medical bill incident to the birth of the child.

On appeal to the Superior Court, the warrant was amended so as to allege that 'the defendant unlawfully and wilfully failed and refused to provide adequate medical treatment and support and maintenance for the illegitimate child, Janette Bolick, herein alleged as begotten by him upon the body of the prosecuting witness, Fay Bolick.'

Upon the trial the prosecutrix gave direct testimony of her relations with defendant, of the times and occasions on which sexual intercourse occurred, and testified that defendant was father of the child. She further testified that shortly after the warrant was issued, the defendant came to her home and wanted to know how he could fix it up, and that she told him she had not made up her mind.

Defendant denied that he was the father of the child or that he had ever had sexual intercourse with the prosecutrix. He further denied that he had tried to arrange the matter in any way testifying that, on the contrary, he had reproved her for accusing him falsely.

On p. 4 of the Record the verdict is recorded as finding the defendant 'guilty as charged in the warrant.' On p 5, the verdict is recorded as finding the defendant 'guilty of wilfully failing and refusing to support the illegitimate child, Janette Bolick, begotten by him upon the body of the prosecuting witness, Faye Bolick.' Owing to the manner in which the record is brought here, it is impossible to distinguish the transcript proper from the case on appeal.

The defendant moved to set aside the verdict for errors committed by the court during the progress of the trial, and the motion was denied. Defendant excepted. Defendant then moved in arrest of judgment. The motion was denied, and the defendant excepted.

Judgment followed that the defendant be imprisoned in the common jail of Caldwell County for the term of six months, to be assigned to work on the public roads, to be suspended on condition that defendant pay costs, pay the medical bill incident to the birth of the child, and provide $10 per month for the prosecuting witness for support and maintenance of the child until further order.

From this judgment defendant appealed.

Harry McMullan, Atty. Gen., and Geo. B. Patton and Hughes J Rhodes, Asst. Attys. Gen., for the State.

W. H Strickland, of Lenoir, for defendant, appell...