State v. Newberry
Supreme Court of Missouri
Uppeal from St. Louis Court of Criminal Correction. I. The court below ought to have quashed the complaint on the defendant’s motion, because the prosecutrix, being the wife of the defendant, was not competent to make it." IL The conduct of the prosecutrix, as.proved by the defendant’s witnesses on the trial, justified or excused the act of desertion as complained of, under the act of 1867, p. 112, of the laws of Missouri. III.
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Uppeal from St. Louis Court of Criminal Correction. I. The court below ought to have quashed the complaint on the defendant’s motion, because the prosecutrix, being the wife of the defendant, was not competent to make it." IL The conduct of the prosecutrix, as.proved by the defendant’s witnesses on the trial, justified or excused the act of desertion as complained of, under the act of 1867, p. 112, of the laws of Missouri. III. The statute under which the prosecution was carried on and the conviction took place should be strictly construed. The prosecutrix was not deserted by the defendant…
1Opinion of the CourtCurrier, Judge
These proceedings were commenced in the St. Louis Court of Criminal Correction, upon the sworn complaint of Agnes New-berry, the defendant’s wife. The complaint charges that the defendant, on the 22d day of May, 1868, without good cause, abandoned his wife, the complainant, in the city of St. Louis, without providing her with the means of support. It is based on the act of 1867 (Sess. Acts 1867, p. 112), which provides that “ every husband shall be deemed guilty of a misdemeanor who shall, without good cause, abandon his wife, and fail, neglect, and refuse to maintain or provide for her.”
Motio…
2Cases cited2 opinions
- People ex rel. Crandall v. Overseers of the PoorNew York Supreme Court · 1853
- State v. BerlinSupreme Court of Missouri · 1868
3Cited by8 opinions
- State v. KollenbornSupreme Court of Missouri · 1957
- State v. BrydonMissouri Court of Appeals · 1981
- Barr v. ArmstrongSupreme Court of Missouri · 1874
- Sauter & Adams v. ScrutchfieldMissouri Court of Appeals · 1887
- Maget v. MagetMissouri Court of Appeals · 1900
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