68 Mo. App. 219 | Mo. Ct. App. | 1896
The defendant was tried and convicted of wife abandonment. At the close of the evidence for the state the defendant asked for his discharge upon the ground that the evidence was insufficient to warrant his conviction. This the trial court declined to do. At the conclusion of all the evidence the court sitting as a jury found the defendant guilty and a fine of $100 was imposed. The defendant has appealed and contends that the evidence is insufficient to sustain the ‘judgment.
The only testimony introduced by the state as to the alleged abandonment was that of the wife, who said: “On the twelfth day of December he (meaning the defendant) deserted me and from that time up to the present he gave me no money or provided for me.” * * * “My husband up to that time in December,
The defendant testified that his wife ordered him to leave his house and threatened if he did not go she “would throw him out and throw his clothes after him,” and that he thereupon left. He further testified that the occasion for the trouble was that he complained because she had failed to wash the dishes after their meals. The testimony of the defendant is corroborated by that of a disinterested witness, who claims to have been present and heard the conversation. The state made no attempt to controvert this evidence.
The case was loosely tried in other respects, to which some reference ought to be made. It is only by piecing the evidence together that it can be determined when the alleged offense was committed, and then the fact rests somewhat on inference. The fact that the defendant failed to make suitable provision for his wife at the time he left her is only inferentially proved, and the proof as to the venue is likewise obscure and
Our conclusion is that the evidence is insufficient to authorize a conviction and that the defendant is entitled to his discharge. It is so ordered.