Gomez v. State

DAVIDSON, Judge.

This is a conviction for child desertion, with punishment assessed at one year in the penitentiary.

The indictment charged that on or about January 1, 1955, appellant did wilfully desert, neglect, and refuse to provide for *100the support and maintenance of his two children, each under the age of sixteen years.

The indictment was filed on September 22, 1955. The case was submitted by the trial court to the jury upon the allegations of the indictment — that is, the wilful desertion, neglect, and refusal to provide for the support of the children.

The jury returned the following…