State v. White
| Decision Date | 06 June 1945 |
| Docket Number | No. 290.,290. |
| Parties | STATE . v. WHITE. |
| Court | North Carolina Supreme Court |
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Appeal from Superior Court, Caldwell County; Frank M. Armstrong, Judge.
Taft White was convicted of wilfully neglecting or refusing to support an illegitimate child, and he appeals.
The evidence for the State was substantially as follows:
Hattie Bryant testified that she was the mother of a bastard male child, of whom the defendant was the father. The child was begotten while she lived in Valmead, Caldwell County. When witness discov ered her pregnancy, she informed the defendant, who tried to get her to destroy the child, which she refused to do. Defendant made the arrangements for Dr. Fetner to "check her up, " and gave her, on each of two occasions, $10 to pay for this service. After the birth of the child, defendant gave it a gown, two pairs of bootees and a shirt. Defendant promised to help her with the child. Witness did not ask him for support, except that she asked him "if he would do it willingly."
Witness stated that White paid $20 on the hospital bill, but not until he was forced to pay it. That she had told him if he paid that it would be the "last of it." That she didn't do anything about it because she thought she could raise the child "as it was supposed to be raised."
Mrs. Bryant, the mother, testified that the defendant came to the house Christmas with a little package under his arm, sat on the bed with Hattie and gave her the package. He took the baby on his lap, saying, "I have a fine boy, don't I?" Also defendant stated at the hospital he had a fine son.
Dr.. Fetner testified that defendant made arrangements with him to see the mother during her pregnancy. "The money came through the hospital for my pay, but it was paid by Mr. White."
At the conclusion of the State's evidence, the defendant demurred and moved for judgment as of nonsuit. The motion was overruled, and defendant excepted. The defendant offered no evidence. Two issues were submitted to the jury and answered as indicated:
Upon the coming in of this verdict, defendant moved to set it aside for error committed upon the trial. The motion was overruled and defendant excepted.
Defendant then moved for arrest of judgment. The motion was overruled and defendant excepted.
Judgment was entered upon the verdict, and defendant excepted and appealed.
Harry McMullan, Atty. Gen., and Hughes J. Rhodes and Ralph Moody, Asst. Attys. Gen., for the State.
W. H. Strickland, of Lenoir, for defendant-appellant.
SEA WELL, Justice.
Cases under our present bastardy act, G.S. § 49-1 et seq., constantly present difficulties of construction, as to some of which the court may not be wholly agreed. Many of these, no doubt, must be cleared up by legislative action before we have an unchallengeable procedure. The instant case is suggestive of many particulars in which the law might receive clarification, but in view of the rationale of our present decisions, anything we might say as to them would be obiter dictum.
On this point we are agreed. Evidence on the part of the State fails to disclose one of the essential elements...
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