State v. McMains

In this case the state has appealed upon a reserved question of law, as provided by Tit. 22 O. S. A. § 1053, subsec. 3. Appeals being of statutory origin, an appeal by the State cannot be taken in any ease, except as enumerated in the above statute. We shall refer to the plaintiff in error as the state, and the defendant in error as defendant.

The pertinent part of the information filed against defendant alleges;

“That on or about the 1st day of March, 1950, the defendant wilfully and feloniously, without good cause or excuse, did abandon his minor child under the age of 15 years, to-wit;…