{
  "id": 8628120,
  "name": "STATE v. TOMMIE BRADSHAW, Alias THOMAS BRADSHAW",
  "name_abbreviation": "State v. Bradshaw",
  "decision_date": "1938-06-15",
  "docket_number": "",
  "first_page": "5",
  "last_page": "7",
  "citations": [
    {
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      "cite": "214 N.C. 5"
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "category": "reporters:state_regional",
      "reporter": "S.E.",
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    {
      "cite": "30 S. E., 139",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
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    {
      "cite": "122 N. C., 1043",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8663638
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      "case_paths": [
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    {
      "cite": "212 N. C., 566",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "176 S.E., 761",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "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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  "analysis": {
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  "last_updated": "2023-07-14T22:38:13.292364+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. TOMMIE BRADSHAW, Alias THOMAS BRADSHAW."
    ],
    "opinions": [
      {
        "text": "Stagy, O. J.\nIt was held in S. v. Mansfield, 207 N. C., 233, 176 S.E., 761, that a judgment under the prior bastardy statutes after their repeal by ch. 228, Public Laws 1933, and with which the defendant had failed to comply, would not defeat a proceeding under the latter act.\nIt was also held in S. v. Johnson, 212 N. C., 566, that the offense created by ch. 228, Public Laws of 1933, is a continuing one, and that a prior proceeding would not defeat si subsequent one for a later violation.\nIn the instant case, the plea is interposed that the proceeding is barred by section 3 of the act which provides: \u201cProceedings under this act may be instituted at any time within three years next after the birth of the child, and not thereafter.\u201d\nIt is not perceived wherein this section can be limited to proceedings to establish paternity as the State contends. Its language is clear, positive and unbending. It seems to have been taken from C. S., 274, of the old law, which was held to supersede the general statute of limitations on the subject. S. v. Perry, 122 N. C., 1043, 30 S. E., 139; S. v. Hedgepeth, ibid., 1039, 30 S. E., 140.\nSection one of the act in question provides that any parent who willfully neglects or refuses to support and maintain his or her illegitimate child \u201cshall be guilty of a misdemeanor and subject to such penalties as are hereinafter provided.\u201d A child is defined as any person less than fourteen years of age, whom either parent might be required to support and maintain if such child were the legitimate child of such parent. Ch. 432, Public Laws 1937.\nWhat are the-penalties thereinafter provided? These are set out in section 7 of the act. S. v. Mansfield, supra.\nIt is provided in section 6 that the court shall first try the issues of paternity and willful neglect or refusal to support. If these be determined in the affirmative, \u201ctbe court shall fix by order, subject to modification or increase from time to time, a specific sum of money necessary for the support and maintenance of the particular child,\u201d and \u201cshall require the defendant to pay it either as a lump sum or in periodic payments as the circumstances of the case may appear to the court to require.\u201d\nIt is evidently contemplated by the statute that proceedings may be instituted at any time within three years next after the birth of the child, and not thereafter; that issues of paternity and nonsupport shall first be determined; that a specific sum shall then be fixed for maintenance, and that the case shall be left open for such modification or increase as the circumstances, thereafter appearing, may warrant.\nIt is further provided in section 7 that \u201cfor the purpose of enforcing payment of the sum fixed,\u201d the court may issue orders of a civil or criminal nature, or both, as specified therein, including imprisonment \u201cfor a term not to exceed six months,\u201d and modify the same from time to time as the circumstances of the case may require.\nWhether the procedural provisions of the statute have been given due consideration in some of our former decisions, we need not now decide.\nThe proceeding was properly dismissed upon the special verdict.\nNo error.",
        "type": "majority",
        "author": "Stagy, O. J."
      }
    ],
    "attorneys": [
      "Attorney-General McMullan and Assistant Attorneys-General Bruton and Willis for the State, appellant.",
      "J. Elmer Long and Clarence Boss for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "STATE v. TOMMIE BRADSHAW, Alias THOMAS BRADSHAW.\n(Filed 15 June, 1938.)\nBastards \u00a7 7 \u2014 Proceedings under ch. 228, Public Laws of 1933, must be instituted within three years next after birth of child.\nA proceeding upon, indictment charging defendant with willful neglect and refusal to support his illegitimate child, instituted more than three years after the birth of the child, is properly dismissed, ch. 228, Public Laws of 1933, sec. 3, and this result is not affected by the fact that defendant had admitted paternity of the child in a prior proceeding under O. S., 265-279, the limitation provided in sec. 3 of the Act of 1933 not being confined to proceedings to establish the paternity of the child.\nAppeal by State from Williams, J., at February Term, 1938, of ALAMANCE.\nProceeding upon indictment cbarging tbe defendant witb willful neglect and refusal to support illegitimate child begotten by bim of Lola May Price.\nTbe essential facts set out in tbe special verdict, from wbicb tbe State appeals, follow:\n1. Tbe child in question was \u201cborn during tbe month of September, 1933.\u201d\n2. On 21 August, 1933, a warrant was sworn out by Lola May, mother of tbe child, cbarging tbe defendant witb tbe offense of bastardy under 0. S., 265-279. In this case, tbe defendant admitted tbe charge and was ordered to pay tbe mother of tbe child tbe full sum of $200, wbicb be did.\n3. Thereafter, on 5 March, 1934, the county superintendent of public welfare swore out a warrant against the defendant charging him with the willful neglect and refusal to support his illegitimate child in violation of ch. 228, Public Laws 1933. The defendant\u2019s plea of former jeopardy was sustained in the trial court. Notice of appeal was entered, but the appeal was not perfected.\n4. On 5 June, 1937, Lola May Price (then married)-, mother of the child, obtained a warrant in the present proceeding. A true bill was returned at the November Term, 1937, and special verdict rendered at the February Term, 1938, upon which the defendant was adjudged not guilty.\nThe State appeals, assigning error.\nAttorney-General McMullan and Assistant Attorneys-General Bruton and Willis for the State, appellant.\nJ. Elmer Long and Clarence Boss for defendant, appellee."
  },
  "file_name": "0005-01",
  "first_page_order": 73,
  "last_page_order": 75
}