{
  "id": 8631104,
  "name": "STATE v. DEWEY RAY",
  "name_abbreviation": "State v. Ray",
  "decision_date": "1928-05-16",
  "docket_number": "",
  "first_page": "628",
  "last_page": "629",
  "citations": [
    {
      "type": "official",
      "cite": "195 N.C. 628"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "194 N. C., 378",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8608943
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/194/0378-01"
      ]
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    {
      "cite": "184 N. C., 701",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11272133
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/184/0701-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T20:22:12.241767+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. DEWEY RAY."
    ],
    "opinions": [
      {
        "text": "Adams, J.\nThe first count in the indictment charges the defendant with the wilful abandonment of bis wife and children. C. S., 4447; Public Laws 1925, chapter 290; S. v. Bell, 184 N. C., 701. Tbe second charges him with wilful neglect to provide adequate support for bis wife and \u201cthe children which be, the said Dewey Ray, upon the body of bis said wife bad theretofore begotten.\u201d The jury returned this verdict: \u201cNot guilty of abandonment \u2014 guilty as to nonsupport of the child.\u201d There is evidence tending to show that the child referred to is illegitimate. THe following instruction was given the jury: \u201cIn this instance, the defendant himself admits that be has done nothing nor helped to support the child in any way whatever. If you find that beyond a reasonable doubt, that be abandoned the child and failed to support it, it would be your duty to render a verdict of guilty.\u201d\nThis instruction withholds from the jury all consideration of the question whether the defendant is the father of the child. Conviction was resisted primarily on the ground that the child bad been begotten . after the separation between the defendant and bis wife bad taken place. This contention was directly relevant to the alleged wilfulness of the nonsupport. S. v. Johnson, 194 N. C., 378. At the time of the trial the child referred to in the verdict was only ten weeks old. The statute does not impose upon a husband the burden of supporting another man\u2019s offspring. Indeed, the indictment limits this inquiry to the wilful abandonment of the defendant\u2019s own children. For the error assigned there must be a\nNew trial.",
        "type": "majority",
        "author": "Adams, J."
      }
    ],
    "attorneys": [
      "Attorney-General Brummitt and Assistant Attorney-General Nash for the State.",
      "Charles Hutchins for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. DEWEY RAY.\n(Filed 16 May, 1928.)\nParent and Child \u2014 Duties and Liabilities of Parent \u2014 Action for Nonsupport \u2014 Issues\u2014Abandonment.\nWhere the husband in an action for nonsupport of a child admits the nonsupport, but denies that he is the father, and introduces evidence in support thereof, an instruction that withdraws the question of the paternity of the child from the jury is reversible error. C. S., 4447; Public Laws 1925, ch. 290.\nAppeal by defendant from Moore, J., at October Term, 1927, of YaNCey.\nNew trial.\nAttorney-General Brummitt and Assistant Attorney-General Nash for the State.\nCharles Hutchins for defendant."
  },
  "file_name": "0628-01",
  "first_page_order": 700,
  "last_page_order": 701
}