People v. Nelson

THE COURT.

Appellant was tried before the court (a jury having been waived) and found guilty of failure to provide for his four minor children. (Sec. 270, Pen. Code.) This is an appeal from the judgment of conviction and the order denying a new trial, upon the following grounds:

First: The insufficiency of the evidence to prove that the failure of the defendant to provide for his minor children was wilful and without lawful excuse.

Second: The court erred in refusing to admit evidence tending to show the motives of the complaining witness.

Third: A fatal variance between the Information and the…