Hale v. State

Low®, J., delivered the opinion of the Court. We will reverse the convictions of Betty Hale and Mary Hossler whom the factfinding judge of the Circuit Court for Baltimore County found guilty of failure to support a destitute parent. Md. Code, Art. 27, § 104. Although the question of the parent’s destitution as defined is highly questionable, our reversal is predicated upon a statutory prerequisite that the children charged with the duty to support must be “possessed of or able to earn means sufficient to provide such parent... with necessary shelter, food, care and clothing, and neglects or refuses so to do,....” Betty Hale is unemployed.

Indeed, so is her husband who is, of course, not responsible for the support of Mrs. Hale’s parent. The Hales have no savings, no income producing property and own only an automobile, vintage 1971. Mrs. Hale was laid off from her part-time job and has grossed $68 per week in unemployment compensation since. This, plus Mr. Hale’s income from odd jobs is all that sustains their household which consists of children sixteen and eighteen years of age whom they support, and another child twenty-two years old who supports herself and her child.

Mary Hossler is a fifty-two year old farm housewife, with a ninth grade education and no vocational training. She has neither property, income, nor bank accounts of her own and is supported entirely by her farmer husband. Initially offering the appellants probation before verdict, the trial judge observed that “ ... I think technically there is a violation here.

I am not going to impose a guilty verdict. I am going to enter probation on this condition: I don’t know whether you can handle this or not, I want each of these ladies to pay $20 a month commencing April ³⁷⁸ 1st. That gives you a month to get yourselves adjusted for a job....” (Emphasis added). Appellants declined the probation before verdict, and the court imposed a $500 fine which the judge suspended upon the same condition.

The trial judge appears to have overlooked that this