{ "id": 8555514, "name": "STATE OF NORTH CAROLINA v. ARTHUR LYNCH", "name_abbreviation": "State v. Lynch", "decision_date": "1971-05-26", "docket_number": "No. 716SC305", "first_page": "432", "last_page": "433", "citations": [ { "type": "official", "cite": "11 N.C. App. 432" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "152 S.E. 2d 204", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "269 N.C. 280", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8563077 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/nc/269/0280-01" ] }, { "cite": "164 S.E. 2d 39", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1968, "opinion_index": 0 }, { "cite": "3 N.C. App. 133", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8553567 ], "year": 1968, "opinion_index": 0, "case_paths": [ "/nc-app/3/0133-01" ] }, { "cite": "174 S.E. 2d 8", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1970, "opinion_index": 0 }, { "cite": "8 N.C. App. 234", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8550385 ], "year": 1970, "opinion_index": 0, "case_paths": [ "/nc-app/8/0234-01" ] } ], "analysis": { "cardinality": 236, "char_count": 3596, "ocr_confidence": 0.574, "pagerank": { "raw": 5.8591662004228935e-08, "percentile": 0.36691502091434675 }, "sha256": "d7feb0494f3f3e243f6adefbe314efbf89c761535b1fd94158ad492004435980", "simhash": "1:cf53157a20f7a27a", "word_count": 607 }, "last_updated": "2023-07-14T15:10:46.806740+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Campbell and Graham concur." ], "parties": [ "STATE OF NORTH CAROLINA v. ARTHUR LYNCH" ], "opinions": [ { "text": "BRITT, Judge.\nDefendant assigns as error the trial court\u2019s denial of his motion to dismiss as to Fred West. In order for the state to make out a case for a violation of G.S. 49-2, which makes it a misdemeanor for a parent to refuse or neglect to support his illegitimate child, the state must establish two things: (1) that the defendant is the parent of the child in question, and (2) that the defendant wilfully neglected or refused to support and maintain the illegitimate child. State v. Green, 8 N.C. App. 234, 174 S.E. 2d 8 (1970) ; State v. Coffey, 3 N.C. App. 133, 164 S.E. 2d 39 (1968). We hold that the testimony was sufficient to survive defendant\u2019s motion, hence the assignment of error is overruled.\nDefendant assigns as error the following portion of the trial judge\u2019s charge to the jury:\nIf you fail to find that he was the father of the child, it would be your duty to answer the first issue \u201cno\u201d and if you answer the first issue \u201cyes\u201d and then you should Fail to find that he wilfully failed and refused and neglected to support the child after demand was made upon him as I have stated, it would be your duty to answer that second issue \u201cyes.\u201d (Emphasis added.)\nThis part of His Honor\u2019s charge is obviously erroneous because the clear construction of the sentence is that if the jury found that defendant was the father of the child, and thus answered the first issue \u201cyes,\u201d and then found that defendant did not wilfully fail and refuse to support the child it should answer the second issue \u201cyes.\u201d By inadvertance or otherwise, the court\u2019s statement on the second issue precluded the jury from answering it in favor of defendant. The error was prejudicial, entitling defendant to a new trial.\nThe record in this case does not indicate that the trial court submitted written issues. We strongly commend this practice in cases charging a violation of G.S. 49-2. State v. McKee, 269 N.C. 280, 152 S.E. 2d 204 (1967).\nNew trial.\nJudges Campbell and Graham concur.", "type": "majority", "author": "BRITT, Judge." } ], "attorneys": [ "Attorney General Robert Morgan by Staff Attorney L. Philip Covington for the State.", "Charlie D. Clark, Jr., for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ARTHUR LYNCH\nNo. 716SC305\n(Filed 26 May 1971)\n1. Bastards \u00a7 1\u2014 failure to support illegitimate child \u2014 elements of proof\nIn order to prove that a defendant refused or neglected to support his illegitimate child, the State must establish (1) that the defendant is the parent of the child in question and (2) that the defendant wilfully neglected or refused to support and maintain the illegitimate child. G.S. 49-2.\n2. Bastards \u00a7 7\u2014 nonsupport prosecutions \u2014 instructions\nTrial court\u2019s instruction which precluded the jury from answering in defendant\u2019s favor the issue of defendant\u2019s wilful failure to support his illegitimate child, held prejudicial error in this nonsupport prosecution.\nAppeal by defendant from Tillery, Judge, 16 December 1970 Session, Halifax Superior Court.\nThe defendant was charged in a warrant with unlawfully and wilfully neglecting to support and maintain Fred West and Shirley Ann West, two illegitimate children born to defendant and complainant, in violation of G.S. 49-2. Defendant was found guilty in district court and appealed to the superior court.\nAt trial in superior court at the close of the state\u2019s evidence, defendant\u2019s motion for nonsuit as to Shirley Ann West was allowed. The jury found defendant guilty as to Fred West and from judgment imposing a six months\u2019 prison sentence, suspended upon condition that defendant pay $20 a week for the support of Fred West until his eighteenth birthday, defendant appealed.\nAttorney General Robert Morgan by Staff Attorney L. Philip Covington for the State.\nCharlie D. Clark, Jr., for defendant appellant." }, "file_name": "0432-01", "first_page_order": 456, "last_page_order": 457 }