Legal Opinion

Linville v. State

Supreme Court of Arkansas

Decided May 14, 1917PublishedCited by 3 opinions

Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; 1. The evidence is sufficient and the fact of marriage was proven. The abandonment was also shown. Act 52, Acts 1909, § 2. The finding of the jury is conclusive as the evidence was contradictory.

1Opinion of the CourtMcCulloch, C. J.

The charge against appellant is that of abandonment and nonsupport of his wife and child, and in the motion for new trial he assigns as error! the insufficiency of the evidence to support the verdict and alleges error of the court in its instructions to the jury concerning the degree of proof to sustain the marriage.

So far as concerns the first assignment,' it is clear that the evidence was sufficient to sustain the verdict of the jury. There is a sharp conflict in the testimony as to* whether or not there was a marriage between the parties and whether there was a wilful abandonment and…

2Cases cited1 opinion

  1. Wilson v. StateSupreme Court of Arkansas · 1896

3Cited by3 opinions

  1. Stone v. StateSupreme Court of Arkansas · 1973
  2. Stephens v. StateSupreme Court of Arkansas · 1926
  3. Stone v. StateSupreme Court of Arkansas · 1973

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