State v. Brandenburg
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hem. J. Hugo Grimm, Judge. (1) Section 1855', R. S. 1899, does not apply, and was never intended by the Legislature to apply, to cases of disputes between two parents for the possession of their children. Barnes v. Commonwealth, 129 Pa. St. 144; Commonwealth v. Meyers, 146 Pa.
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Appeal from St. Louis City Circuit Court. — Hem. J. Hugo Grimm, Judge. (1) Section 1855', R. S. 1899, does not apply, and was never intended by the Legislature to apply, to cases of disputes between two parents for the possession of their children. Barnes v. Commonwealth, 129 Pa. St. 144; Commonwealth v. Meyers, 146 Pa. St. 29. (2) The mother of the child having a right to take it without being guilty of a crime, no person who acted for her and under her direction could be guilty. (3) The mother’s agent was not guilty of malice in carrying: out her orders to take the child, and no malice was…
1Opinion of the CourtBrown, J.
The defendant was convicted in the circuit court of St. Louis City on an indictment' charging him with maliciously, forcibly and fraudulently enticing and decoying away one James Sheppard Cabanne, Jr., a child of seven years of age, with intent to detain and conceal said child from his father, James Sheppard Cabanne, Sr., in violation of section 4489, Revised Statutes 1909.
The record in this case is rather voluminous, made so by injecting into same the history of the marital infelicities of James Sheppard Cabanne, Sr., and his wife, the parents of the child whom' defendant is charged with…
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