City of New York v. Kaiser

Edwards, P. J.:

The appellant was convicted as a disorderly person for failure of performance of duty as husband, and the conviction is before us for review on his appeal.

The facts are quite peculiar. The wife says that at the end of an evening, for no apparent reason except a trivial dispute, the appellant went away from their home and did not return that night. He says her mother called and as she announced intention of remaining for the night, and there was only one bedroom in the three-room apartment he and his wife occupied, he went to his father’s to sleep. Afterwards he came back, and…