Legal Opinion

State v. Tietz

Missouri Court of Appeals

Decided January 5, 1915PublishedCited by 3 opinions

Appeal from St. Louis County Circuit Court. — Hon. G- A. Wurdemcm, Judge. (1) The State must prove each and every element of the alleged abandonment by defendant of his children, including his criminal intent to abandon his children, and a refusal to provide for them. State v. Greenup, 30 Mo. App. 299; State v. Brinkmann, 40 Mo. App. 284; State v. Satchwell, 68 Mo. App. 39; State v. Doyle, 68" Mo.

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Appeal from St. Louis County Circuit Court. — Hon. G- A. Wurdemcm, Judge. (1) The State must prove each and every element of the alleged abandonment by defendant of his children, including his criminal intent to abandon his children, and a refusal to provide for them. State v. Greenup, 30 Mo. App. 299; State v. Brinkmann, 40 Mo. App. 284; State v. Satchwell, 68 Mo. App. 39; State v. Doyle, 68" Mo. App. 219; State v. Linck, 68 Mo. pp. 161. (2) The defendant offered to take the children and offered to support them if the wife would come and live with him; the offer to support is a good defense.…

1Opinion of the CourtReynolds, P. J.

— The prosecution was commenced against the defendant before a justice of the peace in St. Ferdinand township, St. Louis county, on complaint of the former wife of defendant, the prosecution being instituted under section 4495, Revised Statutes 1909', as amended by the Act of March 30, 1911 (Laws 1911, p. 193), for the abandonment of two of his children, born in lawful wedlock, etc., both of the infants under fifteen years of age.

It is in evidence that the parties were living at Yigus, in St. Louis county, having originally lived in St. Charles county. At Yigus they lived with the father and…

2Cases cited17 opinions

  1. Stewart v. SeveranceSupreme Court of Missouri · 1869
  2. State v. ThorntonSupreme Court of Missouri · 1911
  3. Messenger v. MessengerSupreme Court of Missouri · 1874
  4. State v. WeberMissouri Court of Appeals · 1892
  5. State v. GreenupMissouri Court of Appeals · 1888

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3Cited by3 opinions

  1. State v. AndersonMissouri Court of Appeals · 1915
  2. State v. ThomasMissouri Court of Appeals · 1922
  3. Donaghy v. StateSupreme Court of Delaware · 1917

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