State v. Coolidge

Citations

• 72 Wash. 42
• 129 P. 1088
• 1913 Wash. LEXIS 1400

Syllabus

<p>Appeal — Right to Appeal — Waiver—Cessation of Controversy. The giving oí a recognizance bond for the payment of the support of a minor child, upon a conviction of neglecting to support, is not such an acquiescence in the judgment as to operate as a cessation of the controversy or a waiver of the right of appeal.</p> <p>Criminal Law — Appeal—Record—Bill op Exceptions — Statement oe Facts. A “bill of exceptions,” upon appeal from a conviction of neglecting to support a minor child, is sufficient to raise questions that might have been presented by a “statement of facts.”</p> <p>Parent and Child — Nonsupport—Criminal Prosecution. A conviction for neglecting to support a minor child is conclusive that the defendant had not complied with a decree of divorce requiring him to pay to his -former wife monthly installments for the support of the child.</p> <p>Same — Criminal and Civil Liability — Conflict—Prosecution After Divorce. A conviction for neglecting to support a minor child cannot be had under the criminal statute, Rem. & Bal. Code, § 2444, in aid of a decree of divorce, where the custody of the child had been awarded to the mother, and the defendant was subject to the orders of the court in the civil proceeding requiring him to make monthly payments for such support, and the sentence and judgment in effect modified the decree of divorce without reference to it.'</p> <p>Statutes — Construction. Penal statutes which are only malum prohibitum are to be strictly construed with reference to the liberty of the citizen.</p>