People v. Clarke

I concur and dissent. I concur in that part of the opinion which holds that one year is the maximum jail sentence which may be imposed for violating Penal Code, section 270, but there are other errors for which the judgment should be reversed and a new trial had.

There is no merit to appellant’s claim that he cannot be prosecuted criminally for failing to provide for an illegitimate child until it had been established by a civil action that he is its father. The law on that point, adverse to appellant’s claim, was established in People v. Stanley (1917), 33 Cal.App 624 [166 P. 596], and People…