State v. Wellman

Citations

• 102 Kan. 503
• 170 P. 1052
• 1918 Kan. LEXIS 78

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Extradition — Nonsupport of Child — Absence of Accused from State —Jurisdiction of Kansas Courts. Although the federal law does not provide for the surrender by a state as a fugitive from justice of one who has violated the criminal laws of another state without having been present therein, and although in the absence of state legislation no authority exists for such surrender, nevertheless, where, in the absence of any local statute, a person is surrendered by one state to another as a fugitive from justice, the fact that the accused had not been in the demanding staté at the time of the alleged offense, or since then, does not deprive its courts of jurisdiction to try him therefor, nor does it show such an abuse of process as to warrant the dismissal of the case against him.</p> <p>2. Same. A person who has never been in this state may, under some circumstances, be rightfully convicted here of a violation of the statute making it a felony for a parent,' without lawful excuse, to neglect or refuse to provide for 'the support of his children under the age of sixteen years, who are in destitute circumstances.</p> <p>3. Divorce — Deserted Child in Kansas — Husband in Missouri — Jurisdiction of Kansas Courts. Where by the misconduct of a husband and father in another state his wife and children are compelled to leave him, and they come to Kansas, and where in an action in which personal service has been had upon him she obtains a divorce and a decree awarding her the custody of the children, and requiring him to make periodical payments for their support, he may thereafter, while in another state, be guilty of a violation of the statute referred to, by failing to provide in any way for the children, notwithstanding that they were brought into this state without his knowledge or consent.</p> <p>4. Criminal Law — New Trial — Evidence Must be Produced on Motion. The provision of the civil code that, in order to preserve for review a . r