People v. Avington

Defendant Harry Avington was convicted after trial by jury of violation of Penal Code, section 270. Defendant appeals from the judgment of conviction and from the order denying his motion for new trial. The latter order is no longer appealable. (Pen. Code, § 1237.)

The record shows that Clara Avington, the wife, was the sole witness for the prosecution; that five children were born of the marriage; that under an interlocutory decree of divorce granted her October 21, 1958, defendant was ordered to pay child support in the amount of $5.00 per child per week; that in 1960 the defendant paid $30…