Poke v. State

TYSON, Judge.

Walter Poke, Sr. was charged and convicted of the willful refusal to support his minor children and was sentenced to twelve months hard labor in the Houston County Jail. From this conviction he prosecutes this appeal as an indigent. The sole and dispositive issue in this appeal is whether or not a prima facie case was presented by the State when tested by a motion to exclude.

We are of the opinion that insufficient proof was presented to show that the children were in “destitute or necessitous circumstances” and reverse and render this case.

I

By stipulations of the parties, only…