State v. Macklin
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction. — Hon. Willis Glark, Judge. (1) The desire or willingness of the wife to terminate the separation and resume cohabitation with the husband, where such separation occurred with the express or implied consent of the wife, can not convert the act of the husband into an abandonment or desertion with criminal intent, contemplated by the statute, upon the husband’s refusal to maintain or support her. State v. Bruening, 60 Mo.
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Appeal from St. Louis Court of Criminal Correction. — Hon. Willis Glark, Judge. (1) The desire or willingness of the wife to terminate the separation and resume cohabitation with the husband, where such separation occurred with the express or implied consent of the wife, can not convert the act of the husband into an abandonment or desertion with criminal intent, contemplated by the statute, upon the husband’s refusal to maintain or support her. State v. Bruening, 60 Mo. App. 51; State v. Weber, 48 Mo. App. 500. (2) It is a necessity, to establish the cffense of wife abandonment, for the…
1Opinion of the CourtBland, P. J.
Erom a conviction of wife abandonment in the St. Louis Criminal Court defendant appealed to this court. To reverse the judgment he assigns as error the admission of improper evidence on the part of the prosecution and the rejection of competent testimony offered on his behalf, and the refusal of his demurrer to the evidence.
One Louisa Otto was permitted, over the objections of appellant, to testify that appellant was not supporting his wife, because the latter frequently borrowed money from her. This testimony was clearly incompetent, it being the expression of an opinion, and was…
2Cases cited1 opinion
- State v. BrueningMissouri Court of Appeals · 1894