Richardson v. State

Citations

• 30 Del. 534
• 7 Boyce 534
• 109 A. 124
• 1920 Del. LEXIS 42

Syllabus

<p>1. Constitutional Law—Statute requiring father to support illsGITIMATE CHILD NOT EX POST FACTO AS REGARDS CHILDREN BORN PRIOR TO ENACTMENT. .</p> <p>Rev. Code 1915, § 3034, requiring parent to provide for the support of illegitimate children under 16 years of age in destitute circumstances, and making it a misdemeanor to fail to do so, provides no penalty for being the parent of an illegitimate child, but only for failure to^support the child when in necessitous circumstances, and applies to children'bom before its enactment, and it not ex post facto as to them.</p> <p>2. Criminal Law—Failure to support illegitimate children continuing OFFENSE, AGAINST WHICH LIMITATION DOES NOT RUN.</p> <p>Failure to support an illegitimate child, as required by Rev. Code 1915, § 3034, is a continuing offense, and the parent is subject to prosecution at any time during the continuance of the willful neglect, or within two years after the last failure to support it, and prosecution need not be started within two years after the birth of the child.</p>