State v. Miller

Citations

• 111 Kan. 231
• 206 P. 744
• 22 A.L.R. 788
• 1922 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Conviction oj Failure to Support Minor Child — Venue — Amendment of Decree. In 1915, the defendant’s wife was granted a di-. vorce in Crawford county and was awarded $11,000 worth of property for the support of herself and infant daughter. Thereafter she lived at various' places, and while in Oklahoma sued the defendant for $1,500 for mainte-': nance of the child who from birth has been afflicted with a spinal difficulty necessitating much expense for treatment. She afterwards took up her residence at Fort Scott, Bourbon county, and there caused the arrest of her former husband for failure to support the child, under the desertion act, chapter 163 of the Laws of 1911. The information alleged and the evidence showed the child to be in necessitous circumstances. Held, that the venue was properly laid in Bourbon county although the defendant still resided in Crawford county; and held, also, that the right of the wife to cause the de-j cree to be amended touching the support of the child is no bar to a prosecu-. tion by the state for failure to support.</p> <p>syllabus by the court.</p> <p>Criminal Law- — Neglect of Father to Support His Infant Child — Evidence— Erroneous Instruction — Interpretation of Statute. In a criminal prosecution of a divorced father under section 83 of the crimes act for neglect or refusal without lawful excuse to support his infant child which had been awarded to the custody of the divorced mother because of its tender age and not because of unfitness on the part of the divorced father to have its custody, it was error to instruct the jury as a matter of law that such failure.or neglect was without lawful excuse notwithstanding'the evidence that pursuant to the terms of the divorce decree the father had contributed $11,000 worth of property as alimony to the mother and for the support of the child, and after the mother had exhausted all this property the father offered to pay $25 per month toward