State v. Weber
Missouri Court of Appeals
Appeal from, the Jackson Criminal Court. — Hon. Henry P. White, Judge. (1) The court erred in giving the first instruction for the state, and in refusing the first instruction asked by the defendant, since there is a total absence of proof that defendant abandoned or deserted his wife in Jackson county, Missouri; sufficient reason for the separation shown in Mrs. Weber’s efforts to make it perpetual from the first moment of her arrival; and positive evidence from her own…
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Appeal from, the Jackson Criminal Court. — Hon. Henry P. White, Judge. (1) The court erred in giving the first instruction for the state, and in refusing the first instruction asked by the defendant, since there is a total absence of proof that defendant abandoned or deserted his wife in Jackson county, Missouri; sufficient reason for the separation shown in Mrs. Weber’s efforts to make it perpetual from the first moment of her arrival; and positive evidence from her own mouth that she possesses several hundred dollars worth of Weber’s furniture in New York City. Brown o. Railroad, 101 Mo.…
1Opinion of the CourtGill, J.
The defendant was prosecuted for abandoning his wife and failing and refusing to maintain and provide for her. On a trial in the criminal court before a jury he was found guilty, punishment fixed at six months’ imprisonment in the county jail and a fine of $500, and defendant appealed.
The evidence relied upon to establish the offense charged discloses about the following state of facts: Prior to the ninth day of September, 1889, the defendant Weber and Mary, his wife, resided together in thei state of New York as husband and wife. Their relations *503were not at all amicable, and there had been…
2Cited by16 opinions
- In re AlexanderSuperior Court of Delaware · 1944
- In re RobersonNevada Supreme Court · 1915
- Gruner v. GrunerMissouri Court of Appeals · 1914
- Grantland v. StateAlabama Court of Appeals · 1913
- Cuthbertson v. StateNebraska Supreme Court · 1904
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