State v. . Davis
Supreme Court of North Carolina
INDICTMENT for a Misdemeanor under Bat. Rev., eh. 32, §§ 119,120, tried at January Term, 1878, of "Wake Criitiinal 'Court, before Strong, J. The defendant was charged with wilful abandonment of his wife Laura without having provided adequate support for her and a child which he had begotten upon her.
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INDICTMENT for a Misdemeanor under Bat. Rev., eh. 32, §§ 119,120, tried at January Term, 1878, of "Wake Criitiinal 'Court, before Strong, J. The defendant was charged with wilful abandonment of his wife Laura without having provided adequate support for her and a child which he had begotten upon her. The indictment was found at November Term, 1877. It was admitted that the defendant and his wife were married on the 28th of April, 1873, and lived together until August of that year, when he abandoned her. It was in evidence that on .account of said abandonment, a warrant was issued against the…
1Opinion of the CourtReake, J.
We are of the same opinion with His Honor in all his rulings, only one of which requires any elaboration. It is the act of abandonment and failure to support, that constitute the offence'. The first offence was in 1873 and is barred by the statute of limitations. It is not a continuing-offence by reason of the continued separation; so that the-question is whether there was a second offence in the latter-part of the year 1877. The parties were together treating as to what should be their future relations. The wife pro ■posed a complete restoration of tbeir marriage relations which the husband…
2Cited by8 opinions
- State v. . BeamSupreme Court of North Carolina · 1921
- State v. . HannonSupreme Court of North Carolina · 1914
- Dispeau v. First Nat. Bank of PawtucketSupreme Court of Rhode Island · 1902
- State v. . HookerSupreme Court of North Carolina · 1923
- Wolf v. Estate of TroxellMichigan Supreme Court · 1893
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