Elam v. State

Webb, Judge.

H. G. Elam was charged with wilfully and voluntarily abandoning his minor children, leaving them in a dependent condition. Code § 74-9902. His ex-wife, the prosecutrix, states in her affidavit to support the accusation that the abandonment occurred on October 22, 1975. She testified at trial that in March, 1975, she and the children were evicted from their apartment "due to his not sending the money” and that he made only sporadic support payments between March and October. The trial court, sitting without a jury, found Elam guilty, sentenced him to twelve months confinement, and…