State v. . McMahan

DeNny, J. Tbe first and second exceptions are directed to tbe refusal of bis Honor to allow tbe defendant’s motion for judgment of nonsuit, made at tbe close of tbe State’s evidence and renewed at tbe close of all tbe evidence. Tbe defendant contends tbe evidence is not sufficient to be submitted to tbe jury upon tbe question of tbe willful abandonment of bis wife and tbe failure to provide adequate support for bis wife and child. He further contends there is no evidence tending to show that be is tbe father of tbe child. Tbe evidence is to the effect that tbe defendant married Aileen Riddle, “dodged her out and never did live with her”; that she gave birth to a child four or five months after tbe marriage, and that tbe defendant has never contributed anything to tbe support of bis wife, or child. On a motion to nonsuit, tbe evidence will be considered in its most favorable light for tbe prosecution. S. v. Andrews, 216 N. C., 574, 6 S. E. (2d), 35; S. v. Adams, 213 N. C., 243, 195 S. E., 822. Tbe two elements of tbe offense' — -willful abandonment and failure to support — are charged in tbe bill of indictment, and tbe State’s evidence is sufficient to support tbe verdict. S. v. Falkner, 182 N. C., 793, 108 S. E., 756. Tbe contention that there is no evidence to show that tbe defendant is tbe father of tbe child in question is without merit. Tbe law presumes tbe legitimacy of a child born in lawful wedlock, and this includes one of antenuptial conception. West v. Redmond, 171 N. C., 742, 88 S. E., 341. These exceptions cannot be sustained. While tbe remaining exceptions are without substantial merit, tbe brief does not comply with Rule 28, Rules of Practice in tbe Supreme Court, 221 N. C., 562, and they are, therefore, deemed abandoned. In tbe trial below, we find No error.