People v. Smith

In this action the defendant has been convicted of the offense described in section 270a of the Penal Code, in that on or about March 24, 1916, in the county of Kern, he did willfully, etc., neglect, refuse, and omit to provide his wife with necessary food, clothing, shelter, and medical attendance, he having the ability to so provide and not being justified in so refusing or failing to provide for her “by any misconduct on the part of the said wife.” The defendant appeals from the judgment and from an order denying his motion for a new trial.

The defendant and the prosecuting witness, Florence E. Smith, were married in the state of Washington in August, 1907, and lived together in that state until September, 1911, when the defendant moved to Portland, Oregon. Some time later he came to California, and for a year or. two prior to March 24, 1916, and on that date, was living at Bakersfield in Kern County. There was some correspondence between the husband and wife while he was in Portland. Afterward it appears that for some time she did not know where he was living; but in the latter part of the year 1915 she learned that he was living in Bakersfield. She did not then communicate…