Ellis v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Our opinion on rehearing filed in this case on October 21, 1925, will be withdrawn for the purpose of elaborating the views of the court as therein expressed, and the following opinion substituted:

In O'Brien’s case, 234 S. W. Rep. 668, followed by Bobo v. State, 235 S. W. Rep. 878, we held that under Art. 640 P. C. et seq., a man who wilfully and without jurisdiction deserts Ms wife or minor children under sixteen years of age who are destitute or in necessitous circumstances, violates the law; likewise one who in similar fashion neglects to support…