State v. Bruening
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction. Hon. James R. Claiborne, Judge. (1) Two elements are essential to constitute the offense charged against defendant, namely, the criminal intent of abandonment, and the failure and refusal to support the wife. State v. Fuchs, 17 Mo. App. 458; State v. Greenup, 30 Mo. App. 299; State v. Brinkman, 40 Mo. App. 284; State v. Broyer, 44 Mo.
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Appeal from the St. Louis Court of Criminal Correction. Hon. James R. Claiborne, Judge. (1) Two elements are essential to constitute the offense charged against defendant, namely, the criminal intent of abandonment, and the failure and refusal to support the wife. State v. Fuchs, 17 Mo. App. 458; State v. Greenup, 30 Mo. App. 299; State v. Brinkman, 40 Mo. App. 284; State v. Broyer, 44 Mo. App. 393. (2) In this class of cases it is not sufficient to establish mere desertion and a subsequent failure to support. Upon the state is cast the burden of proving a negative; it must show affirmatively…
1Opinion of the CourtRombaueb, P. J.
Section 3501 of the Revised Statutes of 1889, as far as the same bears upon the present inquiry, 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, be punished by a fine of not less than $50.”
The defendant was, under this section, informed against and was tried, convicted and sentenced to pay a fine of $50. He appeals, and assigns for error that the judgment is unsupported by substantial evidence.
The evidence adduced by the state tended to show the following facts: The…
2Cases cited4 opinions
- State v. GreenupMissouri Court of Appeals · 1888
- State v. FuchsMissouri Court of Appeals · 1885
- State v. BrinkmanMissouri Court of Appeals · 1890
- Fellows v. FellowsSupreme Judicial Court of Maine · 1850
3Cited by4 opinions
- State v. DoyleMissouri Court of Appeals · 1896
- State v. MillerMissouri Court of Appeals · 1901
- State v. ThomasMissouri Court of Appeals · 1922
- State v. MacklinMissouri Court of Appeals · 1901