Hall v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. The defendant was tried under an indictment which charges that “Charley Hall, who was then and there an able bodied person and by his labor able to support his family, did abandon his family and leave them in danger of becoming a burden to the public,” &c.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. The defendant was tried under an indictment which charges that “Charley Hall, who was then and there an able bodied person and by his labor able to support his family, did abandon his family and leave them in danger of becoming a burden to the public,” &c. The testimony showed that when defendant and his wife were married the latter had two children and that a third child was born three or four months after the marriage, which last child he recognized as his own. The marriage occurred September 3, 1888, and the…
1Opinion of the CourtHaralson, J.
The statute under which the defendant was indicted, can not be construed to mean, that it is criminal, under any and all circumstances, for the husband to abandon his wife. He may do so for divoreible cause. Carney v. The State, 84 Ala. 7; Boulo v. The State, 49 Ala. 28.
As an excuse for abandoning the wife, the husband can not set up misconduct of which she was guilty after the abandonment, unless such misconduct is connected in some way with, and tends to illustrate and explain similar acts committed by her before the separation, which are pleaded by him in justification for leaving her. In…
2Cases cited3 opinions
- Alsabrooks v. StateSupreme Court of Alabama · 1875
- Carney v. StateSupreme Court of Alabama · 1887
- Doyle v. StateSupreme Court of Alabama · 1873
3Cited by3 opinions
- Carnley v. StateSupreme Court of Alabama · 1909
- Grantland v. StateAlabama Court of Appeals · 1913
- State v. DavisWest Virginia Supreme Court · 1936