State ex rel. Mioton v. Baker

Citations

• 112 La. 801
• 36 So. 703
• 1904 La. LEXIS 466

Syllabus

<p>HUSBAND AND WIFE — FAILURE TO SUPPORT WIFE AND CHILDREN — STATUTE—CONSTITUTIONALITY — TITLE OF ACT.</p> <p>1. Act No. 34, p. 42, of 1902, entitled “An act making it a misdemeanor to desert or willfully neglect to provide for the support and maintenance by any person of his wife or minor children in destitute or necessitous circumstances and to provide a penalty therefor,” was a constitutional exercise of legislative power.</p> <p>2. The proviso in said act empowering the judge, in his discretion, to suspend the prosecution or the passing of sentence, conditioned on the accused paying a certain sum weekly to the wife during the period of 12 months, does not impose an additional penalty for the offense, but, on the contrary, is in the interest of the accused, and is inoperative without his consent.</p> <p>3. Said act is not void because it fails to define the meaning of the words “without just cause.” It is within the province of the courts to decide under what circumstances the husband will be excused from performing his legal duties towards his wife or minor children.</p> <p>(Syllabus by the Court.)</p>