State v. Rogers

The opinion of the Court was delivered by

Mr. Associate Justice Kisi-iburne.

The defendant, James A. Rogers, was indicted under Section 1123, Code of 1932, which provides in part: “Any able-bodied man or a man capable of earning or making a livelihood who shall, without just cause or excuse, abandon or fail to supply the actual necessaries of life to his wife or to his minor, unmarried child or children dependent upon him, shall be deemed guilty of a misdemeanor. * *

Upon trial, the defendant offered no testimony, and relied solely for his defense upon a decree of the Circuit Court made in an…