People v. Aulbach

The information charges the defendant with being a disorderly person in that (1) he abandoned his wife and child without adequate support; (2) he left them in danger of becoming a burden upon the public; and (3) he neglected to provide for them according to his means.

The first ground or charge of delinquency was dismissed for the reason that the information did not state the date of abandonment. Abandonment is a single act. (People v. Gross, 161 Misc. 514.) The date of the alleged abandonment is essential, not only to permit the defendant to refute the charge, but also to set up the two-year…