State v. Williams
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. \Butler, Judge. (1) The wilful abandonment and failure to support must concur, as they are used conjunctively and not disjunctively in the statute. (2) In a prosecution for wife abandonment there can be no conviction where the evidence for the prosecution shows that at the date of the information the wife, although abandoned by the defendant, was living upon his means. State v. Fuchs, 17 Mo.
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Appeal from Sullivan Circuit Court. — Hon. John P. \Butler, Judge. (1) The wilful abandonment and failure to support must concur, as they are used conjunctively and not disjunctively in the statute. (2) In a prosecution for wife abandonment there can be no conviction where the evidence for the prosecution shows that at the date of the information the wife, although abandoned by the defendant, was living upon his means. State v. Fuchs, 17 Mo. App. 458. (3) There is no evidence which shows the wife was without any means of support on the day of her death or in fact without a home. State v.…
1Opinion of the CourtBroaddus, P. J.
The defendant was tried and convicted on information of the prosecuting attorney for wife abandonment. From the judgment of conviction he appealed.
*306He was married to Nora Butler on the 11th day of February, 1907, and for some cause unexplained left her the next day, but returned in a short time, when they became reconciled to each other and went to live with his parents. For a few months he was engaged as a farm hand in the employ of M. O. Stone, a neighbor. The evidence is that the husband and wife lived together until the time of the alleged abandonment and there was nothing shown to…
2Cases cited1 opinion
- State v. SatchwellMissouri Court of Appeals · 1896
3Cited by3 opinions
- State v. ArnettMissouri Court of Appeals · 1963
- State v. DixonTennessee Supreme Court · 1917
- Miller v. StateSupreme Court of Arkansas · 1916