Beilfuss v. State

The plaintiff in error, hereinafter called the-defendant, was convicted under sec. 458lc, Stats. (1898), as amended by ch. 131, Laws of 1905, of the offense of abandoning his wife and two minor children. Such of the errors-assigned as merit consideration will be discussed in the order-in which they were presented to the court.

1. It is contended that the court erred in giving the following instruction to the jury:

“If you find that the defendant has sufficient ability to maintain or to earn the means with which to support the children, his offer to support them on their surrender to his custody…