Legal Opinion

State v. Doyle

Missouri Court of Appeals

Decided December 22, 1896PublishedCited by 10 opinions

Appeal from the St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. The state must prove beyond a reasonable doubt to warrant a conviction under section 3501, Eevised Statutes, 1889, that defendant abandoned his wife without good cause and with a criminal intent, and that he failed and refused to provide for her. State v. Bruening, 60 Mo.

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Appeal from the St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. The state must prove beyond a reasonable doubt to warrant a conviction under section 3501, Eevised Statutes, 1889, that defendant abandoned his wife without good cause and with a criminal intent, and that he failed and refused to provide for her. State v. Bruening, 60 Mo. App. 51; State v. Broyer, 4A Id. 393; State v. Brinkman, 40 Id. 284; State v. Greenup, 30 Id. 299; State v. Fuchs, 17 Id. 458. It was incumbent on the state to show that the husband had not made provision for his wife at the time of the…

1Opinion of the CourtBiggs, J.

The defendant was tried and convicted of wife abandonment. At the close of the evidence for the state the defendant asked for his discharge upon the ground that the evidence was insufficient to warrant his conviction. This the trial court declined to do. At the conclusion of all the evidence the court sitting as a jury found the defendant guilty and a fine of $100 was imposed. The defendant has appealed and contends that the evidence is insufficient to sustain the ‘judgment.

^ent^cdm'inh abiTdoibuoSts. We have frequently decided that in order to authorize a conviction under the statute…

2Cases cited5 opinions

  1. State v. GreenupMissouri Court of Appeals · 1888
  2. State v. FuchsMissouri Court of Appeals · 1885
  3. State v. BrinkmanMissouri Court of Appeals · 1890
  4. State v. BroyerMissouri Court of Appeals · 1891
  5. State v. BrueningMissouri Court of Appeals · 1894

3Cited by10 opinions

  1. State v. LangleySupreme Court of Missouri · 1913
  2. State v. LovingMissouri Court of Appeals · 1914
  3. State v. AndersonMissouri Court of Appeals · 1915
  4. State v. TietzMissouri Court of Appeals · 1915
  5. State v. WeiseMissouri Court of Appeals · 1911

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