Majority
p. 974(21 Misc. Rep. 433.) PEOPLE v. BLISKEY. (Oneida County Court. October, 1897.)
Headnote
Failure to Support Wipe—Defenses.In a prosecution charging defendant with being a disorderly person in not supporting his wife, it is a sufficient defense that the wife has been guilty of adultery.
Alvin H. Bliskey was convicted of being a disorderly person in not supporting his wife, and appeals. Reversed.
J. Frank Rogers, for appellant.
F. H. Hazard, for respondent.
The defendant was convicted in the court below of being a disorderly person in not supporting his wife, the complainant. The defendant attempted to show that the complainant had been unfaithful to her marriage vows, and that by reason of her adultery he was not obliged to support her. All evidence tending to establish this defense was objected to by the people and excluded by the court. This was error, for which the conviction of defendant must be reversed. People v. Brady, 13 Miscx. Rep. 294, 34 N. Y. Supp. 1118 ; 2 Wait, Law & Prac. 330; 2 Bish. Mar., Div. & Sep. (Ed. 1891) § 1228; Culley v. Charman, 7 Q. B. Div. 89; Rex v. Flintan, 1 Barn. & Adol. 227; State
p. 975
v. Schweitzer, 57 Conn. 532 , 18 Atl. 787 ; Carney v. State, 4 South. 285 , 84 Ala. 7 .
Judgment reversed.