State v. Blackwell
Alabama Court of Appeals
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Alvin Blackwell was charged with desertion of his wife, and from an order sustaining demurrer to the affidavit, the State appeals. The defendant was arrested on a warrant based upon an affidavit charging him with desertion of his wife without providing her with means of support; she being at the time in necessitous or destitute circumstances.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Alvin Blackwell was charged with desertion of his wife, and from an order sustaining demurrer to the affidavit, the State appeals. The defendant was arrested on a warrant based upon an affidavit charging him with desertion of his wife without providing her with means of support; she being at the time in necessitous or destitute circumstances. Upon the trial of the case in the circuit court the defendant demurred to the affidavit, raising the question that the act of 1915 (page 560) under which the prosecution arose was in…
1Opinion of the CourtSamford, J.
[1] A part of section one of this act has already been declared unconstitutional (Board of Revenue, etc., v. State, [Sup.] 76 South. 388), but it was expressly said in the majority opinion in that case that the remainder of the act was not affected by the decision. We are of the opinion, when that part of the act is eliminated, that it leaves an act complete in itself that can be enforced. Whenever that is a fact, the act will be upheld. State v. Davis, 130 Ala. 148, 30 South. 344, 89 Am. St. Rep. 23.
[2] The title to the act is as follows:
“To protect women and children from desertion and…
2Cases cited3 opinions
- State v. DavisSupreme Court of Alabama · 1900
- Revenue & Road Commissioners v. State ex rel. CampbellSupreme Court of Alabama · 1909
- Board of Revenue and Road Com'rs v. StateSupreme Court of Alabama · 1917
3Cited by3 opinions
- Swindle v. State Ex Rel. PruittSupreme Court of Alabama · 1932
- Jones v. BlueAlabama Court of Appeals · 1925
- Swindle v. State Ex Rel. PruittAlabama Court of Appeals · 1932