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eBook details

• Title: State Missouri v. Larry Joe Nelson
• Author : Kansas City District Missouri Court of Appeals
• Release Date : January 01, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The State charged that defendant, Larry Joe Nelson, "from the first day of September, 1968, to on or about the 7th day of
July, 1969, at and in the County of Mercer and State of Missouri, did - unlawfully and wilfully fail, neglect and refuse to
provide, without good cause, the necessary and proper food, clothing, maintenance and support for his lawful minor children
under the age of sixteen years, to-wit: Tammy Nelson, of the age of eight years; Terry Nelson, of the age of six years, and
Tracy Nelson, of the age of five years, * * *". This charge is based on Section 559.353 Mo.R.S. 1969, Laws Missouri, 1965,
p. 699, Section 599.351. It provides that one who violates its provisions "is guilty of a misdemeanor and upon conviction
thereof shall be punished as provided by law." Section 556.270 V.A.M.S. 1969 provides that whenever an offense is declared
by statute to be a misdemeanor, and no punishment is prescribed by that or any other statute, the offender shall be punished
by imprisonment in a county jail not exceeding one year, or by a fine of not exceeding one thousand dollars, or by both such
fine and imprisonment. The cause was tried to the court, a jury having been waived. The State presented evidence but defendant, although represented
by counsel, presented no evidence, except for a letter written by defendant's counsel to complainant herein, and some checks
from defendant to complainant. The court found defendant guilty as charged in the information and ordered that he be confined
in county jail for thirty days, "which is suspended upon condition that defendant adequately support his said children." Defendant
appeals.

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