Carney v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Tried before Hon. O., J. Semmes. This was a prosecution for abandoment of wife and child.
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Appeal from Mobile City Court. Tried before Hon. O., J. Semmes. This was a prosecution for abandoment of wife and child. The witnesses for the State testified that William Carney, an able bodied man and able to support his wife, was married to Kate Nicholas in February, 1886, and lived with her eight days and then abandoned her; that said Kate Nicholas was the mother of a child before she married the defendant, and that after the marriage the defendant admitted that he was the father of the child; and that the child and mother had been supported and maintained, both before and after the…
1Opinion of the Court
SOMEB.YILLE, J.-
The defendant was tried and convicted for abandoning his family and leaving them in danger of becoming a burden to the public — an offense which is made punishable by fine and imprisonment under the provisions of the statute. — Code, 1886, & 4047; Code, 1876, § 4218.
The two charges requested by the defendant, and refused by the court, assert in effect that the statute must be construed to mean that the danger of becoming a burden to the public, in which the abandonment of the husband or parent places his family, must be immediate, or imminent, and not dependent on any future…
2Cited by7 opinions
- Carnley v. StateSupreme Court of Alabama · 1909
- Grantland v. StateAlabama Court of Appeals · 1913
- People v. Brady, New York Court of Session, Albany County1895
- Hall v. StateSupreme Court of Alabama · 1893
- Thacker v. StateCourt of Criminal Appeals of Texas · 1911
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