Legal Opinion

State v. Burton

Missouri Court of Appeals

Decided June 2, 1913PublishedCited by 2 opinions

Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) The record in this case is wholly insufficient to support the verdict because the information fails to allege the county and State where the abandonment of the prosecutrix took place.

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Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) The record in this case is wholly insufficient to support the verdict because the information fails to allege the county and State where the abandonment of the prosecutrix took place. There is no venue stated in the margin as required by section 5107, Statutes of 1909. The words “State of Missouri, county of Daviess, ss.,” must appear in the margin to cure the defect of failure to allege the venue in the body of the information. The defendant’s instruction in the nature of a demurrer to the evidence offered at the close of…

1Opinion of the Court

TRIMBLE, j.

Defendant was convicted of wife abandonment and his punishment fixed at a fine of $500 and six months’ imprisonment in the county jail. At the time of his marriage he was a young man not quite of age and his wife was nineteen.

The statute under which he was prosecuted is section 4495, Revised Statutes of Missouri 1909, as amended by Session Acts 1911, page 193. It provides that “If any man shall, without good caibse, abandon or desert his wife, . . . and shall fail, neglect or refuse to maintain and provide for such wife,. . . . *348be shall ... he punished, etc.” To constitute the…

2Cases cited4 opinions

  1. State v. FuchsMissouri Court of Appeals · 1885
  2. State v. DoyleMissouri Court of Appeals · 1896
  3. Teasdale v. JonesMissouri Court of Appeals · 1890
  4. State v. LasleyMissouri Court of Appeals · 1912

3Cited by2 opinions

  1. Verse v. StateCourt of Criminal Appeals of Texas · 1917
  2. State v. BurtonSupreme Court of Missouri · 1916

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