Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 159

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 159

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...to withhold it these twenty years; every year, every month, every day, was a withholding, within the meaning of the statute. We do not so construe the act. Whenever the act or series of acts necessary to constitute a criminal withholding of the money have transpired, the crime is complete, and from that day the statute of limitations begins to run against the prosecution." Not only would the defendant be placed at an unfair disadvantage if the offense is held to be a continuing one, and therefore not barred by the statute, but he would be liable to successive prosecutions as long as the abandonment continued. Another result of the construction asked for by the State is that the act of desertion, though not criminal at the time it occurred, might afterwards become criminal because of a change in the financial circumstances of the wife or child. We can not believe that the legislature intended these consequences. ' There is no similarity between the offense created by 2254 Burns 1901, and the misdemeanor of creating a public nuisance such as the obstruction of a highway. In the former case the crime consists of a single completed act committed under certain specific conditions. In the latter, the maintenance of a nuisance is a crime which the law forbids and punishes. If the statute under review, instead of making the desertion of a wife or child a criminal offense, had declared that a failure to make reasonable provision for these persons should be a. crime, and punishable as such, then a failure to make such provision, without reasonable excuse, would be a continuing offense, and it would be contemporaneous with the continuance of the relations mentioned 'in the statute.., The 8 criminal offense is against the...show more

Product details

  • Paperback
  • 189 x 246 x 14mm | 467g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236944690
  • 9781236944696