Spicer v. State
Court of Criminal Appeals of Texas
Appeal from'the County Court of Jones. Tried below before the Hon. J. F. Lindsey. » Appeal from a conviction of wife and child desertion; penalty, a fine of $150 and thirty days confinement in the county jail. The opinion states the case. On question of insufficiency of complaint: Hunger v. State, 122 S. W. Bep., 876; Carpenter v. Slate, 153 S. W. Bep., 883; State v. Burton, 157 S. W. Bep., 831; Johnson v. State, 17 Texas Crim. App., 230.
1Opinion of the Court
HABPEB, Judge.
Appellant was convicted of deserting his wife and child. His first contention is-that the indictment is insufficient to charge an offense. It is in language frequently approved by this court, and we do not deem it necessary to discuss it further.
Another contention is that as the baby was born after he deserted his wife, if he did do so, he can not be convicted of the offense of deserting his baby. Section 1 of chapter 101, Acts of Thirty-third Legislature, not only makes it an offense to desert the child, but also makes it an offense to neglect or refuse to provide for the…
2Cited by5 opinions
- McElwee v. StateCourt of Criminal Appeals of Texas · 1979
- State v. BruneelSupreme Court of New Jersey · 1953
- Thompson v. StateCourt of Criminal Appeals of Texas · 1975
- Foster v. StateCourt of Criminal Appeals of Texas · 1982
- Foster v. StateCourt of Criminal Appeals of Texas · 1982