McCormick v. State
Supreme Court of Arkansas
Appeal'from Pike Circuit Court; James S. Steel, Judge; The offenses charged were inseparable and two misdemeanors. There was no demurrer. 32 Ark. 204. Both wife and child abandonment were charged, and the burden was on the State to prove every constituent element of the offense charged. 70 S. W. 130. It was necessary to prove that the refusal or neglect was without ‘ ‘ lawful cause.” Chambelayne, Mod.
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Appeal'from Pike Circuit Court; James S. Steel, Judge; The offenses charged were inseparable and two misdemeanors. There was no demurrer. 32 Ark. 204. Both wife and child abandonment were charged, and the burden was on the State to prove every constituent element of the offense charged. 70 S. W. 130. It was necessary to prove that the refusal or neglect was without ‘ ‘ lawful cause.” Chambelayne, Mod. Law of Ev., vol. 2, sec. 960 ; Enc. of Ev., p. 802. (d), 804 (2); G-reenl. on Ev. (16 Ed.), § 80. There is no evidence to support the verdict and defendant was deprived of a fair trial by the…
1Opinion of the CourtHart, J.
Oscar McCormick prosecutes, this appeal to reverse a judgment of conviction against him for the crime of abandoning his • infant child. On the 6th day of June, 1919, an affidavit was filed before a justice of the peace charging that Oscar McCormick, on or about' the 5th day of May, 1919, committed the crime of wife and child abandonment. He was tried and convicted on the 2i8th day of June, 1919, and duly prosecuted an appeal to the circuit court. The prosecuting attorney elected to try the defendant on the charge of child abandonment and he was convicted before a jury of that offense.
The…
2Cases cited7 opinions
- Ex parte JacksonSupreme Court of Arkansas · 1885
- Baskins v. StateCourt of Criminal Appeals of Texas · 1914
- Green v. StateSupreme Court of Arkansas · 1910
- Dempsey v. StateSupreme Court of Arkansas · 1913
- Ketchum v. StateSupreme Court of Arkansas · 1916
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