State v. Foster

Layton, J.,

delivering the opinion of the Court:

The case comes to me by way of an appeal from the Family Court on a charge of desertion and non-support. - In the Court Below the defendant, whom I shall hereafter refer to as “husband”, was found guilty of deserting his wife in necessitous and destitute circumstances. The complaining witness, hereinafter referred to as “wife”, was the only witness for the State. Briefly, she testified that she and her husband had been living in Portsmouth, Virginia, for approximately three years prior to August 2, 1938. The husband was in the regular Navy and…