State v. Loving
Missouri Court of Appeals
Appeal from Dunldin Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) To authorize a conviction for wife abandonment, under this section of the statute, it is incumbent on the State to prove beyond a reasonable doubt that the alleged abandonment was without good cause and with criminal intent, and that the defendant with such criminal intent, willfully failed to provide for his wife. State v. Greenup, 30 Mo. App. 299; State v. Brenkham, 40 Mo.
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Appeal from Dunldin Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) To authorize a conviction for wife abandonment, under this section of the statute, it is incumbent on the State to prove beyond a reasonable doubt that the alleged abandonment was without good cause and with criminal intent, and that the defendant with such criminal intent, willfully failed to provide for his wife. State v. Greenup, 30 Mo. App. 299; State v. Brenkham, 40 Mo. App. 284; State v. Satchwell, 68 Mo. App. 39; State v. Doyle, 68 Mo. App. 219; State v. Linck, 68 Mo. App. 161.
1Opinion of the CourtAllen, J.
This is a prosecution under section 4495, Revised Statutes 1909, for wife abandonment. Defendant was convicted, and his punishment assessed at a fine of two hundred and fifty dollars and imprisonment in the county jail for a period of ninety days, and he appeals.
Defendant, a young man living in Dunklin county, was married to the prosecuting witness on August 21, 1910. It appears that the marriage was kept a secret until some time early in the following October, both of the contracting parties continuing to live with their parents. They then went to the home of defendant’s brother-in-law,…
2Cases cited11 opinions
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- State v. GreenupMissouri Court of Appeals · 1888
- Rourke v. Holmes Street Railway Co.Supreme Court of Missouri · 1909
- State v. DoyleMissouri Court of Appeals · 1896
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3Cited by4 opinions
- People v. TurnerCalifornia Court of Appeal · 1915
- Dietz v. Nix.Missouri Court of Appeals · 1919
- State v. AndersonMissouri Court of Appeals · 1915
- Green v. StateCourt of Criminal Appeals of Texas · 1918