State v. Pudman

I cannot concur in the majority opinion for the reason that I am of the opinion that the evidence is insufficient to sustain the judgment of child stealing. The statute defining this offense reads as follows: "43-3202. Stealing or enticing child from parent or guardian. — Every person who maliciously, forcibly or fraudulently takes or entices away any child under the age of seventeen (17) years with intent to detain and conceal such child from its parent, guardian, or other person having the lawful charge of such child, is punishable * * *."

It must be noted that the taking or enticing away…