Legal Opinion

State v. Peeples

Supreme Court of South Carolina

Decided July 14, 1919No. 10224PublishedCited by 5 opinions

Criminal Law — Venue—Failure to Support Wife and Children.— In prosecution of husband, under Cr. Code 1912, sec. 697, for failure to support wife and children, the county of husband’s residence, and not that of residence of wife and children, was proper county for trial; the offense having been committed in such county.

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Criminal Law — Venue—Failure to Support Wife and Children.— In prosecution of husband, under Cr. Code 1912, sec. 697, for failure to support wife and children, the county of husband’s residence, and not that of residence of wife and children, was proper county for trial; the offense having been committed in such county. Before Townsend, J.,v Kershaw, Summer term, 1919. Wesley Peeples was convicted for failure to support his children, and he appeals. submits: That the Court of General Sessions for Kershaw county was without jurisdiction, because the wife and children of defendant were living…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

The appellant was indicted under Section 697 of the Criminal Code for failure to support his wife and children. The appellant lives in Kershaw county. There was a disagreement between the husband and wife, and she moved into and now lives in Lee county with her children. The appellant demurred to the jurisdiction of the Court of Kershaw county, and claimed that the offense, if any, was committed in Lee county, where the wife and children reside. The demurrer to the jurisdiction was overruled, and the defendant was convicted for…

2Cases cited1 opinion

  1. State v. StoneSupreme Court of South Carolina · 1919

3Cited by5 opinions

  1. State v. BaileySupreme Court of South Carolina · 1969
  2. State v. ScurrySupreme Court of South Carolina · 1920
  3. Bradley v. StateCourt of Appeals of Georgia · 1935
  4. State v. NesmithSupreme Court of South Carolina · 1937
  5. Government of the Virgin Islands v. AudainDistrict Court, Virgin Islands · 1973

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