State v. . Johnson

Stacy, 0. J.,

after stating the case: There is error in the instruction as to what constitutes an abandonment under the statute. “If any husband shall wilfully abandon his wife without providing adequate support for such wife, and the children which he may have begotten upon her, he shall be guilty of a misdemeanor.” C. S., 4447. An offending husband may be convicted of abandonment and nonsupport when — and only wben — two things are established: First, a wilful abandonment of the wife; and, second, a.failure to provide “adequate support for such wife, and the children which he may have…