Espinosa v. Haslam

CRAIL, J., Concurring.

I concur in the judgment but assign different and additional reasons. In 1917 the respondent, the father of the decedent, pleaded guilty to assault and battery against his wife and was convicted of the crime. This cruelty made it impossible for her to live with him and they never lived together again. That was desertion on his part. (Civ. Code, sec. 98; White v. White, 86 Cal. 219 [24 Pac. 996]; Benton v. Benton, 122 Cal. 395 [55 Pac. 152]; Grierson v. Grierson, 156 Cal. 434 [105 Pac. 120, 134 Am. St. Rep. 137]; 9 Cal. Jur. 667, 668.) Similarly in the case of Delatour v.…