Vance v. State

Citations

• 104 Miss. 227
• 61 So. 305

Syllabus

<p>1. Criminal Law. Plea of former jeopardy. Sufficiency. Vagrancy. Code 1906, section 5055.</p> <p>Where a defendant was charged under Code 1906, section 5055,. with abandoning his wife and children and failing to support them: a plea “that his wife had deserted him and his home without fault of his, that she refused to live with him and went tq her father’s home, that he was at all times courteous to her, providing: for and furnishing her a home and the necessaries of life and that he had been tried and acquitted of the same charge as that in the present trial” was insufficient as a plea of former jeopardy; the offense charged being a continuing one and the plea not showing that since the date of the former trial he had supported his family, or that his wife continued to'refuse to live with him.</p> <p>2. Same.</p> <p>Under Code 1906, section 5055 so providing,'the offense of vagrancy consists not only of abandonment of the wife by the husband but of the family, which includes the children and the conduct of the wife does not release him from providing for them.</p>