State v. Hellams

Mr. Associate Justice Oxner

(concurring in result) :

There is a diversity of opinion among the authorities on the question of whether a father should be relieved of criminal responsibility for failing to support his minor, dependent children where the mother, without just cause or excuse, takes the children away from a suitable home provided by the father and keeps them in custody against his wishes. 39 Am. Jur., page 765; Annotation 23 A. L. R., page 864. If this question were an open one in this State, I would unhesitatingly adopt the view that the father is not relieved of criminal…