Legal Opinion

State v. Greenup

Missouri Court of Appeals

Decided April 10, 1888PublishedCited by 13 opinions

Appeal from the Lawrence Circuit Court, Hon. W. D. Hubbard, Judge. To constitute the offence of which appellant is charged, two élements are essential: the criminal intent of abandonment without cause, and the failure and refusal to provide for the wife. These two elements must concur, otherwise the offence is not •complete. State v. Fuchs, 17 Mo.

Read the full summary

Appeal from the Lawrence Circuit Court, Hon. W. D. Hubbard, Judge. To constitute the offence of which appellant is charged, two élements are essential: the criminal intent of abandonment without cause, and the failure and refusal to provide for the wife. These two elements must concur, otherwise the offence is not •complete. State v. Fuchs, 17 Mo. App. 461 ; State v. White, 45 Mo. 512. The husband has the right. to establish his domicile anywhere that his business or health may require, and it is the duty of the wife to follow him and live wherever he chooses to live. If she •does not she…

1Opinion of the Court

Thompson, J.,

delivered the ojnnion of the court.

The defendant was prosecuted by indictment for abandoning his wife without good cause and failing, neglecting, and refusing to provide for her, under section *3011273, of the Revised Statutes, and was convicted and adjudged to pay a fine of two hundred and fifty dollars. The evidence for the state tended to show that the defendant was married to Jennie Jones, his present wife,, on the first of October, 1885. She was his third wife. He had two children by his former wives, the elder of them a girl about sixteen years old. They lived together at…

2Cases cited4 opinions

  1. Messenger v. MessengerSupreme Court of Missouri · 1874
  2. State v. FuchsMissouri Court of Appeals · 1885
  3. State v. ScharSupreme Court of Missouri · 1872
  4. Rutherford v. CoxeSupreme Court of Missouri · 1848

3Cited by13 opinions

  1. State v. DoyleMissouri Court of Appeals · 1896
  2. State v. BrinkmanMissouri Court of Appeals · 1890
  3. State v. BroyerMissouri Court of Appeals · 1891
  4. State v. SatchwellMissouri Court of Appeals · 1896
  5. State v. BrueningMissouri Court of Appeals · 1894

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API