State v. Satchwell
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction.— Hon. David Murphy, Judge. In this case the state fails to show convincingly that defendant deft the prosecuting witness wholly without means, or in a destitute condition. State v. Fuchs, 17 Mo. App. 460, 461. Evidence of mere abandonment and a subsequent failure and refusal of support does not prove the criminal offense denounced by the statute. State v. Greenup, 30 Mo.
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Appeal from the St. Louis Court of Criminal Correction.— Hon. David Murphy, Judge. In this case the state fails to show convincingly that defendant deft the prosecuting witness wholly without means, or in a destitute condition. State v. Fuchs, 17 Mo. App. 460, 461. Evidence of mere abandonment and a subsequent failure and refusal of support does not prove the criminal offense denounced by the statute. State v. Greenup, 30 Mo. App. 303; State v. Schar, 50 Mo. 393; State v. Brinkman, 40 Mo. App. 284; State v. Weber, 48 Id. 500. The motion for new trial, on the ground of newly discovered1…
1Opinion of the CourtRombaijer, P. J.
The defendant was convicted of the offense of abandoning his wife, and sentenced ■to pay a fine of $250. He appeals and assigns for error, among other things, the exclusion by the court of legal evidence offered in his behalf.
Section 3501 of the Revised Statutes, under which the prosecution is had, provides: “If any man shall without good cause abandon or desert his wife * * * and shall fail, neglect, or refuse to maintain and provide for such wife * * * he shall upon conviction, etc.” (The italics are ours.)
donment of wife: évidcncc This section' has been before us for construction in a…
2Cases cited3 opinions
- State v. GreenupMissouri Court of Appeals · 1888
- State v. BrinkmanMissouri Court of Appeals · 1890
- Boeppler v. MenownMissouri Court of Appeals · 1885
3Cited by5 opinions
- Cuthbertson v. StateNebraska Supreme Court · 1904
- State v. AndersonMissouri Court of Appeals · 1915
- State v. TietzMissouri Court of Appeals · 1915
- State v. WilliamsMissouri Court of Appeals · 1909
- State v. ThomasMissouri Court of Appeals · 1922