People v. Brady
New York Court of Session, Albany County
Appeal from judgment of one of the police justices of the-city of Albany, adjudging the appellant a disorderly person for neglecting to support his wife according to his means, and requiring him to give an undertaking as provided by subdivision 1 of section 901 of the Code of Criminal Procedure.
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Appeal from judgment of one of the police justices of the-city of Albany, adjudging the appellant a disorderly person for neglecting to support his wife according to his means, and requiring him to give an undertaking as provided by subdivision 1 of section 901 of the Code of Criminal Procedure. On the trial the defendant offered to show as a defense to-the charge of nonsupport of his wife that she had been guilty of adultery and for that reason he had refused to support her'; this proof the police justice refused to receive, and held that a husband was bound to support his wife although, she…
1Opinion of the CourtClute, J.
This is an appeal from a judgment of conviction under subdivision 1 of section 899 of the Code of Criminal Procedure, which provides:
*295“ The following are disorderly persons :
“ 1. Persons who actually abandon their wives or children without adequate support, or leave them in danger of becoming a burden upon the public, or who neglect to provide for them according to their means.”
On the trial the defense made to the charge was that the wife had been guilty of adultery, and the defendant offered to prove the fact. The police justice refused to receive the testimony, holding that if true it was no…
2Cases cited4 opinions
- Walker v. . WalkerNew York Court of Appeals · 1880
- State v. SchweitzerSupreme Court of Connecticut · 1889
- Carney v. StateSupreme Court of Alabama · 1887
- Cohen v. CohenNew York Court of Common Pleas · 1895
3Cited by8 opinions
- State v. StoutSupreme Court of Iowa · 1908
- State v. LancasterSupreme Court of South Carolina · 1926
- People ex rel. Keller v. ShradyAppellate Division of the Supreme Court of the State of New York · 1899
- Roth v. Roth, New York County Courts1912
- People v. HorwitzNew York City Magistrates' Court · 1912
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