State v. Scurry

Supreme Court of South Carolina

State v. Scurry

103 S.E. 527, 114 S.C. 191, 1920 S.C. LEXIS 120

CourtSupreme Court of South Carolina

DecidedJune 28, 1920

Docket10452

StatusPublished

Cited by5 cases

This text of 103 S.E. 527 (State v. Scurry) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Scurry, 103 S.E. 527, 114 S.C. 191, 1920 S.C. LEXIS 120 (S.C. 1920).

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Opinion

The opinion of the Court was delivered by

Mr. Justice Fraser.

The defendant was indicted for failure to support his wife and children. The charge was withdrawn in so far as it affected the wife.

The record shows that the defendant maintained a home for himself and family at Booker Washington Heights, near Columbia; that for somé reason, not stated in the record, the wife left the family home and took the children with her; that she forbade the children to return to their father’s house or to receive presents from him, and punished them when they disobeyed the prohibition; that the defendant provided amply for them at his home, but they were insufficiently clad while staying away from home with their mother. At the conclusion of this evidence on behalf of the State, the defendant moved for a direction of a verdict of “not guilty.” This motion was refused, and the defendant was found guilty and sentenced to a fine or imprisonment.

There are six exceptions, but only one need be considered. The trial Judge should have directed a verdict of “hot guilty.” State v. Peeples, 99 S. E. 813, 814.

The recent case of State v. Stone, 111 S. C. 496, 98 S. E. 333, holds that the husband is required “primarily to furnish necessaries of life for his wife at his residence.” The same thing applies to his children.

The judgment is reversed.

Mr. Ci-iiee Justice Gary and Messrs. Justices Watts and Gage concur. Mr. Justice Hydrick did not sit.

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The opinion of the Court was delivered by

Mr. Justice Fraser.

The defendant was indicted for failure to support his wife and children. The charge was withdrawn in so far as it affected the wife.

The record shows that the defendant maintained a home for himself and family at Booker Washington Heights, near Columbia; that for somé reason, not stated in the record, the wife left the family home and took the children with her; that she forbade the children to return to their father’s house or to receive presents from him, and punished them when they disobeyed the prohibition; that the defendant provided amply for them at his home, but they were insufficiently clad while staying away from home with their mother. At the conclusion of this evidence on behalf of the State, the defendant moved for a direction of a verdict of “not guilty.” This motion was refused, and the defendant was found guilty and sentenced to a fine or imprisonment.

There are six exceptions, but only one need be considered. The trial Judge should have directed a verdict of “hot guilty.” State v. Peeples, 99 S. E. 813, 814.

The recent case of State v. Stone, 111 S. C. 496, 98 S. E. 333, holds that the husband is required “primarily to furnish necessaries of life for his wife at his residence.” The same thing applies to his children.

The judgment is reversed.

Mr. Ci-iiee Justice Gary and Messrs. Justices Watts and Gage concur. Mr. Justice Hydrick did not sit.

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Bluebook (online)

103 S.E. 527, 114 S.C. 191, 1920 S.C. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scurry-sc-1920.

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