Miller v. State
Miller v. State
Opinion of the Court
(after stating the facts). (1) It is contended that the court erred in overruling the demurrer to the indictment and that the testimony is insufficient to sustain the verdict. The indictment makes the charge in virtually the language of the .statute, which does not contain the word “wilfully” in describing the offense and its allegations are sufficient. State v. Witt, 39 Ark. 216; Houpt v. State, 100 Ark. 409; Petty v. State, 102 Ark. 170.
The statute was held valid in Green v. State, 96 Ark. 175, and in Dempsey v. State, 108 Ark. 79, the court held that desertion alone of the wife did not constitute the offense, saying: “In order to make out the offense there must also be failure and neglect or refusal to maintain and provide for the. wife and children. This means, of course, a wilful or negligent failure to nmvide, and not mere failure on account of inability. It does not necessarily mean, however, that there must be a complete failure in that respect, for .'an abandonment by a man of his wife and children, coupled with a wilful failure or neglect to adequately provide for their wants, would be sufficient to complete the offense.”
troduction of the letter'written to aupellant by his wife, since on cross-éxamination by his attorney, she had been asked about certain things and statements contained therein, and was entitled to introduce the whole letter in explanation thereof. Stuckey v. O’Neal, 86 Ark. 145; Mitchell v. State, 86 Ark. 486.
„ Finding no prejudicial error in the record, the judg- ’ ment is affirmed.
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