State v. Toney
Supreme Court of North Carolina
Husband and Wife — Nonsupport of Wife — Criminal Law — Interpretation of Statutes. In order to convict under an indictment for abandonment and nonsupport of the wife, it is essential to show a failure of the husband to provide an adequate support for his wife, as well as the act of abandonment; and in this case the evidence is held insufficient. Appeal by defendant from V&rguson, J., at January Special’ Term, 1913, of Ruthereoed.
Read the full summary
Husband and Wife — Nonsupport of Wife — Criminal Law — Interpretation of Statutes. In order to convict under an indictment for abandonment and nonsupport of the wife, it is essential to show a failure of the husband to provide an adequate support for his wife, as well as the act of abandonment; and in this case the evidence is held insufficient. Appeal by defendant from V&rguson, J., at January Special’ Term, 1913, of Ruthereoed. Indictment for abandoment and- nonsupport, under Revisal, sec. 3355. Tlie prosecutrix and the defendant were married -in Januafy, 1912, and kept house for three…
1Opinion of the Court
Walker, J.,
after stating the casej "We have examined the record in this case very carefully, and-have failed to find any evidence that defendant failed to provide his wife with adequate support, even if the evidence is sufficient to show an abandonment. The crime denounced by the statute consists of. two elements : first, abandonment; -second, failure to provide adequate support. If either is wanting, there is no criminal pffense. This is clear; but it is also so decided in S. v. May, 132 N. C., 1020. The failure to establish this essential ingredient of the crime is fatal to. the…
2Cases cited2 opinions
- Stone v. North Carolina Department of LaborSupreme Court of North Carolina · 1998
- State v. May.Supreme Court of North Carolina · 1903
3Cited by10 opinions
- State v. . BellSupreme Court of North Carolina · 1922
- State v. SmithSupreme Court of North Carolina · 1913
- State v. BellSupreme Court of North Carolina · 1922
- Hyder v. . HyderSupreme Court of North Carolina · 1939
- State v. . BeamSupreme Court of North Carolina · 1921
5 more not listed; retrieve them via the Exa API.