¶1 I concur in the order upon the second ground discussed in the opinion, considered in connection with the rule of decision on appeal in cases where appellate jurisdiction is conferred upon the district courts of appeal by the constitution. (Const., art. VI, sec. 4; People v. Davis, 147 Cal. 346,. [81 Pac. 718]; Matter of Zany, 164 Cal. 724, [130 Pac. 710]; Burke v. Maze, 10 Cal. App. 206, 211, [101 Pac. 438, 440]; People v. Vaughn, 25 Cal. App. 736, [147 Pac. 116, 117].) I thus qualify my concurrence because of the apprehension that from the extended reference in the opinion to the first point, and the failure to cite the many authorities which hold the contrary view, the conclusion may be drawn that by denying a rehearing this court thereby approves what is said in that regard.
29 Cal. App. 193
156 P 381
People v. Turner
Decided December 17, 1915
California Court of Appeal · decided 1915-12-17
<p>Criminal Law — Abandonment op Wife — Construction of Section 270a, Penal Code.—Under section 270a of the Penal Code a husband is not guilty of the crime of abandonment and failure to support his wife where the evidence does not show that he had the ability so to do.</p> <p>Id.—Evidence—Conduct Subsequent to Date of Charge.—While the prosecution in such a charge is bound to prove that the offense was committed on or about the date alleged, evidence of the defendant’s subsequent conduct, and the question whether or not he secured employment and was able to support his wife, is admissible to show his intent when he left her on the date charged.</p>
Relies on People v. Davis · Matter of Zany · 10 Cal. App. 206 - Burke v. Maze
Good law ✅— No negative treatment on recordhow we know
Decided 1915-12-17
How this case has been cited
Cited by 9 later decisions — most recently July 1949
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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