Schmidt v. State

This is a criminal prosecution brought in Pierce county, Nebraska, under section 9584, Comp. St. 1922, against Richard H. Schmidt, hereinafter called defendant, for abandoning his wife and child and wilfully neglecting and refusing to maintain or provide for them. Defendant was convicted and adjudged to serve a term of six months in the county jail. He has brought the record of his conviction to this court for review.

The facts will sufficiently appear in the course of the opinion.

It is first urged that the court erred in failing to sustain the defendant’s motion to instruct the jury to return…