Legal Opinion

Brandel v. State

Wisconsin Supreme Court

Decided November 16, 1915PublishedCited by 6 opinions

ERROR to review a judgment of the municipal court of Milwaukee county: A. 0. Backus, Judge. Plaintiff in error was on March 6, 1915, convicted of abandonment of his wife and infant child under sec. 4587c, Stats. 1913, and duly sentenced.

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ERROR to review a judgment of the municipal court of Milwaukee county: A. 0. Backus, Judge. Plaintiff in error was on March 6, 1915, convicted of abandonment of his wife and infant child under sec. 4587c, Stats. 1913, and duly sentenced. So far as applicable to this case sec. 4587c reads: “Any person who shall, without just cause, desert or wil-fully neglect or refuse to provide for the support and maintenance of his wife . . . his or her legitimate or illegitimate minor child or children under the age of sixteen years in destitute or necessitous circumstances, shall be guilty of a crime. . .…

1Opinion of the CourtVinje, J.

Two contentions are made by the plaintiff in error. The first is that he' contributed to the support of his wife and child to the extent of his ability, and the second is that they were not in “destitute or necessitous circumstances,” within the meaning of the statute, because of the property they had and the support given them by his father-in-law, with whom they made their home, and by reason of the fact that his mother had from time to time contributed some articles of clothing to the wife and child. The first contention is scarcely worthy of notice. An able-bodied man of presumably some…

2Cases cited1 opinion

  1. State v. WallerSupreme Court of Kansas · 1913

3Cited by6 opinions

  1. State v. CissellWisconsin Supreme Court · 1985
  2. Donaghy v. StateSupreme Court of Delaware · 1917
  3. State v. FreibergWisconsin Supreme Court · 1967
  4. Ulrich v. StateNew York Court of General Session of the Peace · 1948
  5. Donaghy v. StateSupreme Court of Delaware · 1917

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