Smith v. People

Opinion by

Mr. Justice Allen:

The plaintiff in error, hereinafter called the defendant, was convicted under the non-support act (Chapter 179, Session Laws, 1911), for his desertion of and willful failure to provide reasonable support for his wife.

The main contention of the defendant is that the evidence fails to establish that there ever had been a marriage between the defendant and the prosecuting witness, the latter being named in the information as the defendant’s wife.

The testimony discloses the following facts, which are not disputed. The prosecuting witness was orphaned at the age of nine…