Legal Opinion

State v. English

Supreme Court of South Carolina

Decided June 30, 1915No. 9122PublishedCited by 16 opinions

Before Rice, J., Bennettsville, Brooks English was convicted of abandonment of his wife and failure to support her without just cause, and he appeals on the following exceptions: I. Because the presiding Judge committed error in not holding that the statute under which the indictment was framed is unconstitutional; it being submitted that the said act is in violation of and is contrary to article I, section 24 of the Constitution of the State of South Carolina. II.

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Before Rice, J., Bennettsville, Brooks English was convicted of abandonment of his wife and failure to support her without just cause, and he appeals on the following exceptions: I. Because the presiding Judge committed error in not holding that the statute under which the indictment was framed is unconstitutional; it being submitted that the said act is in violation of and is contrary to article I, section 24 of the Constitution of the State of South Carolina. II. Because the presiding Judge committed .error in refusing to allow counsel for the defendant to ask, and to allow the witness, who…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The defendant was tried and convicted for a violation of section 697 of the Criminal Code of 1912, the law which makes it a misdemeanor for a husband to abandon his wife and to fail to support her without just cause. The appeal is from a judgment of imprisonment entered upon the verdict.

There are five exceptions; the second is split into five, and the third is split into four, alleged errors. But the appellant’s counsel concedes in his argument that the case presents really only four issues, and he has stated them thus, he contends:…

2Cases cited1 opinion

  1. Ex Parte HollmanSupreme Court of South Carolina · 1908

3Cited by16 opinions

  1. Gilliam v. Southern Ry. Co.Supreme Court of South Carolina · 1917
  2. Brown v. BrownTennessee Supreme Court · 1928
  3. State v. BagwellSupreme Court of South Carolina · 1923
  4. State v. LathamTennessee Supreme Court · 1916
  5. Sommer v. SommerSupreme Court of Oklahoma · 1997

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