171 Mo. App. 345 | Mo. Ct. App. | 1913
Defendant was convicted of wife abandonment and his punishment fixed at a fine of $500 and six months’ imprisonment in the county jail. At the time of his marriage he was a young man not quite of age and his wife was nineteen.
The statute under which he was prosecuted is section 4495, Revised Statutes of Missouri 1909, as amended by Session Acts 1911, page 193. It provides that “If any man shall, without good caibse, abandon or desert his wife, . . . and shall fail, neglect or refuse to maintain and provide for such wife,. . . .
The prosecutrix and defendant, after their marriage, went to keeping house in Pattonsburg and remained there for two months until, on account of the extreme cold weather and the uncomfortable condition of the house they were in, they moved the larger part of their furniture to the home of defendant’s father and mother. The parents were seemingly well-to-do people living on a farm, and it was entirely agreeable to them, as well as to the young couple, that this arrangement should be made. The young folks were to live there temporarily until the husband could make a home. The intention was to move to Kansas as soon as that arrangement could be made. While they lived thus with the old folks the latter furnished the provisions, which were ample and satisfactory, and to which no objection was made by anyone. The old folks treated the wife kindly and all of them got along without trouble of any kind. No trouble, or complaint or disagreement of any kind arose between the young husband and wife.
On March 2, the wife took some sewing and went to her mother’s to make a visit of several days. No time was fixed for her return. The roads were extremely muddy and it was ‘ ‘ considerable trouble to go backwards and forwards so much” to use the wife’s
Q. “Ho you love this man? Ho you want to live with him? A. No, sir; I don’t. Q.'No, you don’t? A. No, sir. Q. Ho you want him to help raise the baby? A. I would like to have him support it. Q. Hon’t you want him to live with you and you and he raise this baby? A. No, sir. He can support it if he wants to. Q. You are not willing that he live with you and her and help raise the child? A. No. Q. Why? A. The way he has done. Q. You have told the jury what he has done? A. Yes, sir. Q. Hid he do anything you have not told the jury? A. No, sir. Q. It is all based on that? A. Yes, sir. Q. And you are not willing that he should live with you and the baby? A. He can support her if he wants to. Q. You are not willing to go back to his old father’s and mother’s where you were, and live there, or go in a house by yourself and live with him, and raise the child? A. No, sir.”
The facts hereinabove given show clearly that the evidence is wholly insufficient to constitute the crime at which the statute is aimed. [State v. Doyle, 68 Mo. App. 219; State v. Lasley, 151 S. W. 752; State v. Fuchs, 17 Mo. App. 458; State v. Brinkman, 40 Mo. App. 248.] Hefendant’s demurrer to the evidence should, therefore, have been sustained.
It may be that the defendant failed to show that finer and more tactful consideration for his bride that he should have displayed. He may not have known exactly how a. young and sensitive woman should be treated. Where is the young husband who does know? But if he doesn’t, it does not follow that he shall be