People v. Green

Appellant, Green, was charged with and convicted by a jury of criminal nonsupport of his three minor children. C.R.S. 1963, 43-1-1. He seeks reversal of this judgment. We affirm.

The only ground asserted by appellant as error involves the propriety of instruction number 5, defining “willfully” as used in the statute defining the offense. Appellant did not object to the instruction when tendered, did not tender a “proper” instruction, and did not mention the asserted error in his motion for new trial. Colo. R. Crim. P. 30, 37(b). Appellant, however, asks us to notice the assignment as plain…