Miller v. State
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Turner Butler> Judge; STATEMENT BY THE COURT. Charles Miller prosecutes this appeal from a judgment of conviction of wife abandonment or desertion.
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Appeal from Bradley Circuit Court; Turner Butler> Judge; STATEMENT BY THE COURT. Charles Miller prosecutes this appeal from a judgment of conviction of wife abandonment or desertion. The indictment, formal parts omitted, alleges: “The said Charles Miller, in the county and State aforesaid, on or about the 1st day of July, A. D., 1915, then and there unlawfully and without good cause did abandon and desert his lawfully wedded wife, Della Miller, and then and there did neglect and refuse and fail to maintain and provide for his wife, the said Della Miller, contrary to the statute in such eases…
1Opinion of the Court
' Kirby, J.,
(after stating the facts). (1) It is contended that the court erred in overruling the demurrer to the indictment and that the testimony is insufficient to sustain the verdict. The indictment makes the charge in virtually the language of the .statute, which does not contain the word “wilfully” in describing the offense and its allegations are sufficient. State v. Witt, 39 Ark. 216; Houpt v. State, 100 Ark. 409; Petty v. State, 102 Ark. 170.
The statute was held valid in Green v. State, 96 Ark. 175, and in Dempsey v. State, 108 Ark. 79, the court held that desertion alone of the wife…
2Cases cited9 opinions
- State v. SchweitzerSupreme Court of Connecticut · 1889
- State v. DvoracekSupreme Court of Iowa · 1908
- Houpt v. StateSupreme Court of Arkansas · 1911
- Mitchell v. StateSupreme Court of Arkansas · 1908
- State v. WittSupreme Court of Arkansas · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stephens v. StateSupreme Court of Arkansas · 1926