{
  "id": 2221405,
  "name": "STATE and ROXIE ROYAL v. BILL PARKER",
  "name_abbreviation": "State v. Parker",
  "decision_date": "1935-12-11",
  "docket_number": "",
  "first_page": "32",
  "last_page": "33",
  "citations": [
    {
      "type": "official",
      "cite": "209 N.C. 32"
    }
  ],
  "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": "208 N. C., 44",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8595150
      ],
      "opinion_index": 0,
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    {
      "cite": "207 N. C., 233",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8624715
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/207/0233-01"
      ]
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  "last_updated": "2023-07-14T22:34:31.527681+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Devin, J., took no part in tbe consideration or decision of tbis case."
    ],
    "parties": [
      "STATE and ROXIE ROYAL v. BILL PARKER."
    ],
    "opinions": [
      {
        "text": "Clarkson, J.\nN. C. Code, 1935 (Micbie), section 4649, is as follows : \u201cAn appeal to tbe Supreme Court may be .taken by the State in tbe following cases, and no other. Where tbe judgment has been given for tbe defendant \u2014 (1) Upon a special verdict. (2) Upon a demurrer. (3) Upon a motion to quash. (4) Upon arrest of judgment.\u201d\nIn tbe recorder\u2019s court of Sampson County tbe defendant demurred to tbe charge set out in tbe warrant. Tbe judge of tbe recorder\u2019s court sustained tbe demurrer. Tbe State appealed to tbe Superior Court on tbe demurrer. Tbe judgment of tbe recorder was affirmed and tbe defendant ordered and adjudged not guilty. Tbe State then appealed to tbe Supreme Court. Tbe illegitimate child was begotten and born before tbe passage of tbe act \u2014 6 April, 1933 \u2014 but tbe charge by tbe State is that be willfully neglected and refused, after tbe passage of tbe act, to support bis illegitimate child.\nIn State v. Mansfield, 207 N. C., 233 (236), speaking to tbe subject, it is said: \u201cIt is immaterial when tbe child was begotten. It was born after tbe passage of tbe act and tbe offense is tbe willful neglect or refusal to support and maintain bis or her illegitimate child. See S. v. Cook, post, 261; S. v. Henderson, post, 258.\u201d State v. Morris, 208 N. C., 44.\nTbe present charge is defendant\u2019s willful neglect or refusal to support bis illegitimate child after tbe passage of tbe act \u2014 it is immaterial when tbe child was begotten or born. Tbe court below \u201cordered and adjudged that tbe defendant is not guilty.\u201d Tbis could not be done upon a demurrer.\nFor tbe reasons given, tbe judgment of tbe court below is\nEeversed.\nDevin, J., took no part in tbe consideration or decision of tbis case.",
        "type": "majority",
        "author": "Clarkson, J."
      }
    ],
    "attorneys": [
      "Attorney-General Seawell and Assistant Attorney-General Aiken for the State.",
      "Butler & Butler for Roxie Royal.",
      "Fair cloth & Fisher and F. D. Herring for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE and ROXIE ROYAL v. BILL PARKER.\n(Filed 11 December, 1935.)\n1. Oriminal Law L g\u2014\nThe State may appeal in criminal prosecutions from judgment for defendant upon a special verdict, upon a demurrer, upon a motion to quash, and upon arrest of judgment. O. S., 4649.\n2. Bastards B c\u2014\nA parent may be prosecuted under N. O. Code, 276 (a) for willful failure to support his illegitimate child begotten and born before the effective date of the statute, the offense being the willful failure to support an illegitimate child, and it being sufficient if such willful failure occur after the effective date of the statute.\n3. Indictment O a\u2014\nThe court may not adjudge the defendant not guilty upon sustaining defendant\u2019s demurrer to the indictment, the defendant Being entitled only to his discharge upon judgment sustaining his demurrer.\nDevin, J., took no part in the consideration or decision of this case.\nAppeal by the State and Roxie Royal from Grady, J., at August Term, 1935, of Sampson.\nReversed.\nThis is a criminal action, brought against the defendant in the recorder\u2019s court of Sampson County, N. C. It was a charge under N. O. Code, 1935 (Michie), see. 276 (a) \u2014 \u201cAny parent who willfully neglects or who refuses to support or maintain his or her illegitimate child shall be guilty of a misdemeanor,\u201d etc.\nThe above act was ratified on 6 April, 1933. Public Laws 1933, ch. 228, sec. 12. Roxie Royal gave birth to an illegitimate child on 8 February, 1933, prior to the ratification of the act on 6 April, 1933, and charged defendant with the paternity of the illegitimate child.\nThe record discloses: \u201cHon. R. L. Herring, judge of the recorder\u2019s court, tried said case on 25 April, 1935, and the defendant having demurred to said warrant, said recorder rendered judgment in favor of the defendant, sustaining said demurrer,\u201d etc.\nThe judgment of the recorder\u2019s court is as follows: \u201cThe defendant, through his counsel, having entered a demurrer to the said indictment, and the court being of the opinion that the criminal offense charged in said indictment cannot be maintained under the provisions of chapter 228 of the Public Laws of 1933, which was ratified on 6 April, 1933, the demurrer of the defendant is sustained, and the defendant is discharged. This 25 April, 1935. Richard L. Herring, Recorder.\u201d\nFrom the foregoing judgment the State and prosecutrix excepted, assigned error, and appealed to the Superior Court.\nThe case came on for hearing before Grady, J., who rendered tbe judgment, in part: \u201cUpon tbe law as it is understood by tbe court, it is ordered and adjudged that tbe defendant is not guilty, and tbe judgment of tbe recorder is affirmed. Tbis 15 August, 1935. Henry A. Grady, Judge presiding.\u201d\nTbe State and Eoxie Eoyal excepted, assigned error to tbe judgment, and appealed to tbe Supreme Court.\nAttorney-General Seawell and Assistant Attorney-General Aiken for the State.\nButler & Butler for Roxie Royal.\nFair cloth & Fisher and F. D. Herring for defendant."
  },
  "file_name": "0032-01",
  "first_page_order": 94,
  "last_page_order": 95
}