§ 8. Wilful failure to provide for wife or child.  


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  • The court shall have jurisdiction to try cases involving the wilful failure or any husband, without good cause, to neglect or fail to provide for his wife according to his means, leaving her destitute or in danger of becoming a public charge as set forth in Section 11370 of the Code in which case the procedure shall be as provided in Section 11371, et seq., of the Code of Tennessee; and the Court also have jurisdiction to try causes involving the wilful failure to provide for his child under sixteen years of age, leaving such child destitute, as set forth in Section 11379 of the Code, in which case the procedure shall be as provided in Section 11380, et seq., of the Code of Tennessee.

    The court shall further have jurisdiction to try a person charged with violating Section 11370 and/or 11379 of the Code of Tennessee, where the person charged with said offense enters a plea of not guilty; and, after being advised by the court of his Constitutional right to aid of counsel, the right to be tried upon presentment or indictment by a Grand Jury, the right of trial by jury, and his other Constitutional rights, the defendant agrees to waive presentment or indictment by a Grand Jury and the right of trial by jury of his peers, the court may proceed to hear and determine said cause.

    Said waiver shall be written and attached to the warrant substantially in words and figures as follows:

    "The defendant, ___________, pleads not guilty and waives his right to be tried only by indictment or presentment preferred by a Grand Jury and likewise waives trial by a jury of his peers."

    The court thereupon shall proceed to hear said cause and determine it as provided for the determination of such causes in Article XXIX of Chapter 10 of the Code of Tennessee.

    Any monies paid into court under this section shall be disbursed as the court may direct.