Legal Opinion

Green v. State

Supreme Court of Arkansas

Decided October 24, 1910PublishedCited by 8 opinions

Appeal from Little River Circuit Court; James S. Steel, Judge; 1. The purpose of the act is to punish for a failure to support or provide for the family, and not to punish a failure to consort with them. Two elements must exist before the offense is complete, failure to provide or make provision for, and desertion and abandonment.

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Appeal from Little River Circuit Court; James S. Steel, Judge; 1. The purpose of the act is to punish for a failure to support or provide for the family, and not to punish a failure to consort with them. Two elements must exist before the offense is complete, failure to provide or make provision for, and desertion and abandonment. “And” means “in addition to.” 156 111. 241; 80 Ala. 95. 2. The jury totally ignored the law as given by the court; the verdict was the result of passion and prejudice, and it was error to allow leading questions and incompetent and irrelevant testimony to go before…

1Opinion of the CourtBattue, J.

Abner Green was indicted for, and convicted of, abandoning his wife without good oausé and failing to maintain and support her, and his punishment was assessed at six months’ imprisonment in jail and at a fine of five hundred dollars; and judgment was rendered accordingly, and he appealed therefrom to this court.

The statute upon which the indictment is based is as follows : “If any man shall, without’ good cause, abandon or desert his wife, or abandon his child or children under the age of twelve years, born in or legitimatized by lawful wedlock, and shall fail, neglect or refuse to maintain…

2Cases cited3 opinions

  1. State v. CuculluSupreme Court of Louisiana · 1903
  2. Carroll v. SaundersSupreme Court of Arkansas · 1881
  3. Morris v. ThomassonSupreme Court of Arkansas · 1904

3Cited by8 opinions

  1. West v. SmithSupreme Court of Arkansas · 1955
  2. Dempsey v. StateSupreme Court of Arkansas · 1913
  3. Murphy v. StateSupreme Court of Arkansas · 1926
  4. McLaughlin v. StateSupreme Court of Arkansas · 1915
  5. Miller v. StateSupreme Court of Arkansas · 1916

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