State v. Linck
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction.— Hon. David Murphy, Judge. To constitute wife abandonment, under the statute, two things must concur: Desertion or abandonment, and nonsupport. State v. Weber, 48 Mo. App. 500. As to what is necessary to establish desertion or abandonment, see Id. 504. The burden is on the state to prove the existence of all such facts, even though negative proof is required. State v. Brinkman, 40 Mo.
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Appeal from the St. Louis Court of Criminal Correction.— Hon. David Murphy, Judge. To constitute wife abandonment, under the statute, two things must concur: Desertion or abandonment, and nonsupport. State v. Weber, 48 Mo. App. 500. As to what is necessary to establish desertion or abandonment, see Id. 504. The burden is on the state to prove the existence of all such facts, even though negative proof is required. State v. Brinkman, 40 Mo. App.' 286. Defendant will be discharged, oh! appeal, where the cause was submitted on evidence insufficient to warrant a conviction. State v. Fuchs, 17 Mo.…
1Opinion of the CourtBonn, J.
This is a prosecution for wife abandonment under section 3501 of the Revised Statutes of 1889. The defendant was convicted and sentenced to pay' a fine of $50, from which he prosecutes this appeal.
Wmentibp?odo°fT To constitute the offense charged it is essential that the state should prove both willful abandonment and failure to support on the part of the defendant. In establishing the first proposition it is incumbent on the state to give evidence of the absence of good cause for the abandonment, although in so doing it is necessary to prove a negative. State v. Satchwell, decided at the…
2Cited by8 opinions
- State v. CollinsSupreme Court of South Carolina · 1959
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- State v. LovingMissouri Court of Appeals · 1914
- State v. AndersonMissouri Court of Appeals · 1915
- State v. TietzMissouri Court of Appeals · 1915
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