State v. Davis

LOWENSTEIN, Judge.

The defendant appeals a jury conviction for criminal nonsupport of his minor son, a Class A misdemeanor, § 568.040 RSMo 1978, 1 and his sentence of one year imprisonment in the county jail. The state had charged him with the Class A misdemeanor of knowingly failing to provide, without good cause, adequate food, clothing, lodging, medical and surgical attention for his minor son, and the Class D felony of leaving the state for the purpose of avoiding the obligation to provide such support. The jury found him guilty only of the misdemeanor charge.

The facts consistent with the…