State v. . Dunston
Supreme Court of North Carolina
Indictment for a Misdemeanor, tried at November Term,, 1877, of Wake Criminal Court, before Strong, J. The defendant was charged with abandonment of his wife and pleaded former conviction, and the jury returned a special verdict as follows :— 1. On the 22d of May, 1877, the defendant abandoned his wife without providing for the adequate support of herself, and her child begotten upon her by the defendant. 2. At August Term, 1877, of this Court, the defendant was indicted and…
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Indictment for a Misdemeanor, tried at November Term,, 1877, of Wake Criminal Court, before Strong, J. The defendant was charged with abandonment of his wife and pleaded former conviction, and the jury returned a special verdict as follows :— 1. On the 22d of May, 1877, the defendant abandoned his wife without providing for the adequate support of herself, and her child begotten upon her by the defendant. 2. At August Term, 1877, of this Court, the defendant was indicted and convicted of said abandonment. 3. The defendant has not lived with his wife since the said 22d of May, and has failed…
1Opinion of the CourtFaircloth, J.
“ If any husband shall wilfully abandon his wife without providing adequate support for such wife and the child or children which he has begotten upon her, he shall be deemed guilty of a misdemeanor, &c. Bat. Rev., ch. 32, § 119.
Under this statute the defendant was indicted and convicted, and soon after was again indicted, not having lived with or provided support for his wife since the time he abandoned her in the first instance, to which he pleaded' autrefois convict.
Is this a continuous abandonment and indictable ? In another case the husband abandoned his wife before the passage of the…
2Cases cited1 opinion
- State v. . DeatonSupreme Court of North Carolina · 1871
3Cited by4 opinions
- State v. McAninchSupreme Court of Iowa · 1915
- State v. CotnerSupreme Court of Kansas · 1912
- State v. MillerMissouri Court of Appeals · 1901
- Brown v. MoriseySupreme Court of North Carolina · 1899