Dempsey v. State
Supreme Court of Arkansas
Appeal from Lonoke Cirenit Court; Eugene Lank-ford, Judge; 1. At common law, it is not a criminal offense to leave a wife without the means of support. 15 A. & E. 814; 45 Ark. 158. 2. Under our statute to constitute a criminal offense with desertion or abandonment must he coupled a failure . to support. 156 111. 241; 80 Ala. 45; Acts .1909, p. 134. 3. There must he abandonment and failure to support. 5 Mich. 80; 21 Cyc. 1611. 4. Infidelity in itself , is not sufficient to…
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Appeal from Lonoke Cirenit Court; Eugene Lank-ford, Judge; 1. At common law, it is not a criminal offense to leave a wife without the means of support. 15 A. & E. 814; 45 Ark. 158. 2. Under our statute to constitute a criminal offense with desertion or abandonment must he coupled a failure . to support. 156 111. 241; 80 Ala. 45; Acts .1909, p. 134. 3. There must he abandonment and failure to support. 5 Mich. 80; 21 Cyc. 1611. 4. Infidelity in itself , is not sufficient to constitute abandonment. 41 Cyc. 1612. The verdict is contrary to the evidence. The statute is constitutional and the…
1Opinion of the CourtMcCulloch, C. J.
The defendant, Will Dempsey, was indicted and convicted under the following statute:
“If any man shall, without good cause, abandon or desert his wife, or abandon his child or children under the age of twelve years, horn in or legitimatized by lawful wedlock, and shall fail, neglect or refuse to maintain or provide for such wife, child or children, he shall, upon conviction, he punished by imprisonment in the county jail not more than one year, or by a fine not less than fifty nor more than one thousand dollars, or by both such fine and imprisonment.” Acts of 1909, page 134.
In the case of…
2Cases cited1 opinion
- Green v. StateSupreme Court of Arkansas · 1910
3Cited by6 opinions
- State v. LangfordOregon Supreme Court · 1918
- State v. ClarkSupreme Court of Minnesota · 1921
- Dyer v. StateCourt of Criminal Appeals of Oklahoma · 1935
- Nelke v. StateCourt of Appeals of Arkansas · 1986
- McCormick v. StateSupreme Court of Arkansas · 1920
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