State v. Shuey
| Decision Date | 28 April 1903 |
| Citation | 74 S.W. 369,101 Mo. App. 438 |
| Parties | STATE v. SHUEY. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Newton County; Henry C. Pepper, Judge.
W. R. Shuey was convicted of abandoning his wife without good cause, and appeals. Reversed.
Jas. H. Pratt and Horace Ruark, for appellant. R. J. Balch, for the State.
An information bottomed on section 1861, Rev. St. 1899, charging the defendant with abandoning his wife without good cause, was filed before a justice of the peace in Newton county. From a conviction in the justice's court, defendant appealed to the circuit court, where, on a trial de novo, defendant was again convicted, and sentenced to pay a fine. From this conviction he appealed to this court.
Defendant was a witness in his own behalf. In their testimony he and his wife agreed on the following facts: That they were married in Newton county, Mo., May 14, 1901, and lived together on the farm of defendant's father in Newton county for a few weeks; that they then moved to Webb City in Jasper county, and lived together there until some time in August, 1901; that they then went to Burke, Idaho. In regard to what took place after their arrival there, their evidence is different.
The wife testified that they lived in Burke about four weeks, and then her husband sent her to Spokane, Wash., telling her that she could work for her board, and that he would save all he could out of his wages; that, a day or two after arriving at Spokane, she received a letter from her husband (not produced in evidence) telling her to come to Boise City, Idaho; that she went to Boise City, and her husband was not there; that after remaining in Boise City until some time in December, and having no means of her own, the authorities of that city furnished her transportation to her father's home in Newton county, Mo., where she arrived about December 18, 1901. She further testified that when she was sent to Spokane by her husband he furnished her $51.50 in money, went with her to the railroad depot, got a ticket for her, saw her on the train, and kissed her good-by; that she had $110 when she was married that she had saved out of her salary as a school-teacher; that all of this money but $20 was used in purchasing tickets for herself and husband to go to Idaho; that after she left Burke, Idaho, in September,...
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State v. Winterbauer
...(1) The court erred in overruling appellant's demurrer at the close of the whole case. State v. Weber, 48 Mo.App. 500; State v. Shuey, 101 Mo.App. 438; State Miller, 90 Mo.App. 131; State v. Beims, 212 Mo.App. 222; State v. Christopher, 267 S.W. 62. The charge and proof in a prosecution und......
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State v. Wellman
... ... the note, bearing upon the interstate phase of the matter ... One of them (People v. Clairmont, 58 Misc. 517, 111 ... N.Y.S. 613) turns on the fact that in a special proceeding ... against his property the defendant had had no opportunity to ... be heard; another (State v. Shuey, 101 Mo.App. 438, ... 74 S.W. 369) upon the completeness of the offense of ... abandonment, nonsupport as a separate offense not being ... involved; and the third (The City v. Bailey, 8 ... Phila. 485) upon that principle combined with the rule, which ... is not recognized in this state, that ... ...
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State v. Nesmith
... ... question where the omission to perform that duty ... See ... State v. McCoy, 98 S.C. 133, 82 S.E. 280; State ... v. Stone, 111 S.C. 496, 98 S.E. 333; State v ... Peeples, 112 S.C. 310, 99 S.E. 813; State v ... Dvoracek, 140 Iowa 266, 118 N.W. 399; State v ... Shuey, 101 Mo.App. 438, 74 S.W. 369; State v ... Gillmore, 88 Kan. 835, 129 P. 1123, 47 L.R.A. N.S., 217 ... In the ... case at bar, there was testimony to the effect that the ... prosecutrix and her husband went to Florence, S. C., about ... March, 1930, and while there lived ... ...
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Umansky v. Umansky, 32371
...the final separation occurred in another state, the offense was one against the laws of that state and not Missouri. See State v. Shuey, 101 Mo.App. 438, 74 S.W. 369. That is also the rule as to criminal cases in Illinois and is the general rule. See People v. Heise, 257 Ill. 443, 100 N.E. ......