99 S.E. 813 | S.C. | 1919
July 14, 1919. The opinion of the Court was delivered by The appellant was indicted under Section 697 of the Criminal Code for failure to support his wife and children. The appellant lives in Kershaw county. There was a disagreement between the husband and wife, and she moved into and now lives in Lee county with her children. The appellant demurred to the jurisdiction of the Court of Kershaw county, and claimed that the offense, if any, was committed in Lee county, where the wife and children reside. The demurrer to the jurisdiction was overruled, and the defendant was convicted for failure to support his children. From the sentence and judgment the defendant appeals, on one exception, as follows:
"For error in his Honor in overruling the demurrer made by the defendant to the jurisdiction of the Court upon the ground that at the time charged in the said indictment the wife and children of the said defendant were residents of the county of Lee."
The exception cannot be sustained. The recent case ofState v. Stone,
The judgment is affirmed.