Kelly v. State

McMurray, Judge.

Defendant was charged by accusation with the offense of abandonment of his legitimate minor child. He was convicted and sentenced to serve a term of 12 months probated provided he pay $40 per week for the first 12 months and then $25 per week thereafter and pay a $100 fine. Thereupon, defendant filed a motion for new trial which was thereafter denied. Defendant appeals. Held:

1. While the criminal accusation charged the defendant with abandoning a minor legitimate child the evidence was conflicting as to whether or not the minor child was illegitimate or legitimate, or the…