151 Minn. 382 | Minn. | 1922
Defendant lived in North Dakota near the Minnesota line. Gladys Hoyne lived with her parents near Hendrum in Norman county on the Minnesota side. They became acquainted. Illicit relations followed and Gladys became pregnant. Defendant, while in Minnesota, was placed under arrest in proceedings to determine the paternity of the unborn child. Negotiations followed and as a result defendant married .Gladys at Ada, Minnesota, and the proceedings were dropped. This was in October, 1920. On the day of the marriage the two took a train for Fargo where they remained until next day. They then went to St. Cloud, where they rented rooms and kep| house and defendant secured employment. They remained in St. Cloud about two weeks. During this time defendant urged his wife to secure a divorce and sent her to an attorney for that purpose. She returned with the information that she could
“Every husband who, without lawful excuse, deserts and fails to support his wife while pregnant, with intent wholly to abandon her is guilty of a felony.” G. S. 1913, § 8666, as amended by chapter 213, p. 308, Laws 1917.
There is evidence that defendant deserted and failed to support his wife while pregnant, that he intended wholly to abandon her and that he had no lawful excuse for his conduct.
On cross-examination by defendant’s counsel, Mr. Pattison was permitted to give conversations between Mmself and defendant’s wife. Of this defendant cannot'complain.
Order affirmed.