State v. McPherson

Citations

• 72 Wash. 371
• 130 P. 481
• 1913 Wash. LEXIS 1467

Syllabus

<p>Husband and Wife — Nonsupport — Information — Sufficiency. An information for nonsupport, under Rem. & Bal. Code, § 2444, is sufficient where it follows the language of the statute.</p> <p>Same ■— Necessitous Circumstances — Evidence — Sufficiency. Upon a prosecution for nonsupport of a wife there is sufficient evidence of “necessitous circumstances” within Rem, & Bal. Code, § 2444, where it appears that she had been pregnant for five or six months, and had no money and no means to make monthly payments of $10 on her furniture, and left to live with her mother at defendant’s direction.</p> <p>Same — Wicful Negeect — Evidence—Sufficiency. There is sufficient evidence of wilful refusal to support a wife, where the defendant testified that he was earning $9 per week as clerk, and it appears that he represented that he was getting $15 per week and expected a raise, and demurred to his wife’s getting a lodging house and keeping roomers, but sent her away to her mother, and he contributed nothing toward her support for three months prior to the trial.</p> <p>Same — Necessitous Circumstances — Evidence — Admissibility. In a prosecution for nonsupport, evidence of the wife’s pregnancy is admissible to prove her necessitous condition.</p> <p>Infants — Chimes—Minor Husband — Nonsupport. A husband under twenty-one years of age may be punished for nonsupport, under Rem. & Bal. Code, § 2444, making it a criminal offense for a husband to desert or wilfully refuse to support his wife; since he is not subject to trial only as a delinquent child, under Rem. & Bal. Code, §§ 1987-2004, as that act provides that delinquent children may be tried under the criminal code.</p> <p>Husband and Wife — Nonsupport—Minor Husband. Rem. & Bal. Code, § 2444, making it a criminal offense for a husband to desert or wilfully neglect to support his wife, applies to a voidable marriage between minors, until a decree of annulment is entered by a court of competent jurisdiction.</p> <p>Same — “Necessit