State v. . Spencer

When on the trial in Superior Court the judge presiding had concluded, of was about to conclude his charge to the jury, counsel for defendant orally requested certain special instructions:

First. “Would your Honor elaborate a little more upon the fact that if a man is incapacitated for work, what his duty would be in that respect — about how much he can do ? A man is not guilty of failing to provide his wife with support if it is impossible for him to support her.”

To this the court stated: “I told the jury very plainly that he was only required to furnish that support that he was able to from…