State v. Macklin
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction. — Hon. Willis Glark, Judge. (1) The evidence for the State fails to support the offense alleged in the information, in that it fails to prove beyond reasonable,doubt: Eirst, the 'willful abandonment by the defendant, with criminal intent; and, second, the failure by defendant to make suitable provision for his wife at the time of the alleged abandonment. State v. Doyle, 68 Mo. App. 219; State v. Linck, 68 Mo.
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Appeal from St. Louis Court of Criminal Correction. — Hon. Willis Glark, Judge. (1) The evidence for the State fails to support the offense alleged in the information, in that it fails to prove beyond reasonable,doubt: Eirst, the 'willful abandonment by the defendant, with criminal intent; and, second, the failure by defendant to make suitable provision for his wife at the time of the alleged abandonment. State v. Doyle, 68 Mo. App. 219; State v. Linck, 68 Mo. App. 161; State v. Satchwell, 68 Mo. App. 39. (2) The evidence upon the whole case was not sufficient to warrant the defendant’s…
1Opinion of the CourtBond, J.
The defendant was convicted of wife abandonment under an information filed on the eighteenth of October, 1899, in the St. Louis Court of Criminal Correction. The trial was before'the court without jury; no declarations of law were asked or given. The defendant appealed and assigned for error the insufficiency of the evidence to sustain 'the judgment.
1. To create the offense of wife abandonment under the terms of the statute defining the same, it is essential that the State should adduce evidence of the abandonment and the desertion of the wife without good cause, and also evidence of *673the…
2Cases cited1 opinion
- State v. LinckMissouri Court of Appeals · 1896
3Cited by1 opinion
- State v. SaymanMissouri Court of Appeals · 1903