Opinion
No. 3487.
Decided October 3, 1944.
The mother of an illegitimate child under the age of sixteen years is liable to indictment under R. L. c. 441, s. 2, for failure to provide for the child's support and maintenance.
INDICTMENT, under R. L., c. 441, s. 2, alleging that the defendant on the nineteenth day of February, 1944, "did, without lawful excuse, desert and willfully neglect and refuse to provide for the support and maintenance of her illegitimate minor child under the age of sixteen years; to wit, John, of the age of two years and nine months, said child being in necessitous circumstances."
The defendant moved to quash the indictment on the ground that she was under no legal duty to support the child. The question of law raised by the motion was transferred by Blandin, J., without a ruling.
J. Vincent Broderick, County Solicitor, for the State.
Philip J. Biron, for the defendant.
If the defendant failed to support her illegitimate child, as charged in the indictment, she is guilty of a violation of section 2 of chapter 441 of the Revised Laws. This section is as follows: "Any person who shall, without lawful excuse, desert or willfully neglect or refuse to provide for the support and maintenance of his or her legitimate or illegitimate minor child under the age of sixteen years in destitute or necessitous circumstances shall be fined not more than three hundred dollars, or imprisoned not more than fifteen months, or both."
The case of State v. Byron, 79 N.H. 39, on which the defendant relies, merely holds that the alleged father of an illegitimate child is not liable to indictment under the statute in question if he has not been adjudged chargeable in bastardy proceedings (R. L., c. 128).
Case discharged.
All concurred.