Askew v. State

ON REHEARING

BOWEN W. SIMMONS, Retired Circuit Judge.

Appellee has timely filed an application for rehearing. The application has merit. The original opinion, filed February 20, 1979, is vacated and withdrawn. This opinion is substituted therefor.

Appellant, on appeal from the District Court, pled not guilty to an information in the Circuit Court which charged that he “did without lawful excuse desert or willfully neglect or refuse or fail to provide for the support and maintenance of his, or her, child, or children, under the age of eighteen years, against the peace and dignity of the State of…