State v. Gillmore

Citations

• 88 Kan. 835
• 129 P. 1123
• 1913 Kan. LEXIS 431

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Desertion and Nonsupport—By Husband—Penalty—Statute Constitutional. Chapter 163 of the Laws of 1911, relating to desertion and nonsupport of wife by husband, or of children by either parent, is not unconstitutional by reason of the provisions of section 4, relating to orders for periodical payments, nor because of the requirement of section 7, relating to wages of one confined at hard labor, nor because the punishment is unusual.</p> <p>2. -- Object of the Statute. The chief object of the act is. to compel'the husband, when able, to support his. family, and wherever he deserts his wife, leaving her in destitute or necessitous circumstances it is his duty to provide for her there unless some reason be shown why she should follow him elsewhere.</p> <p>3. What Constitutes a Violation of the Statute. The offense is committed either by deserting and leaving her in destitute or necessitous circumstances or by neglect or refusal to provide for her whenever after such desertion she becomes destitute or necessitous. And a husband who deserted his wife in such circumstances and left the state before the act took effect, and after it became operative voluntarily returned to be a witness in a civil action between other parties and while- here neglected or refused to provide for her, she then being in destitute and necessitous circumstances, thereby rendered himself liable to prosecution.</p> <p>'4. Plea to Jurisdiction—Properly Denied. In a criminal case a plea to the jurisdiction which goes only to matters of defense may properly be denied.</p> <p>5. - Plea,—Proof—Verification. A plea to the jurisdiction is not receivable unless proved or positively verified.</p>