Duckworth v. State

LATTIMORE, Judge.

Conviction for child desertion; punishment, two years in the penitentiary.

The law under which appellant was convicted was passed and became effective August 21, 1931. In order to sustain this conviction it would have to be shown that since said time, the accused had wilfully failed to support, etc., his minor children. Elms v. State, 99 Texas Crim. Rep., 500. The burden is on the state to make such showing. The mere fact, in proof, that the accused did not support or contribute to the support of his children after August 21, 1931, would not suffice to show that his failure or…