Legal Opinion

State v. Weise

Missouri Court of Appeals

Decided April 4, 1911PublishedCited by 3 opinions

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Appeal from St. Louis Court of Criminal Correction.— Hon. Wilson A. Taylor, Judge. Statement.—The defendant was convicted on September 8, 1909, of the offense of abandoning his wife without good cause, and failing, neglecting and refusing to maintain and provide for her, and was adjudged to-serve six months in the workhouse of the city of St. Louis. There are no assignments of error before this court or brief filed on behalf of the appellant, but nevertheless under section 5312, Revised Statutes 1909, we must render judgment upon the record. The only ground urged by appellant in his motion…

1Opinion of the CourtCaulfield, J.

(after stating the facts).— We see no reason .for disturbing the finding and judgment of the trial court. The information is sufficient and there are no errors in the record proper. The only ground urged by appellant in his motion for a new trial being that the finding is contrary to the law and the evidence, that is the only matter of exception we can consider. [State v. Millikan, 24 Mo. App. 462.]

To authorize a conviction for wife abandonment, under the statute, it is incumbent on the-state to prove beyond a reasonable doubt that the alleged abandonment was without good cause and with…

Also in this document: Concurrence.

2Cases cited8 opinions

State v. GreenupMissouri Court of Appeals · 1888
State v. FuchsMissouri Court of Appeals · 1885
State v. DoyleMissouri Court of Appeals · 1896
State v. BroyerMissouri Court of Appeals · 1891
State v. LinckMissouri Court of Appeals · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

State v. RoseberryMissouri Court of Appeals · 1955
State v. LovingMissouri Court of Appeals · 1914
State v. AndersonMissouri Court of Appeals · 1915