George v. State

The pivotal issue is whether the appellant “willfully neglected” his children in violation of 21 O.S.1981, § 853. While willful neglect can be inferred from the surrounding circumstances, such neglect must be purposeful or without just cause and not merely a result of inability to pay. Ballard v. State, 92 Okl.Cr. 420, 223 P.2d 782, 784 (1950); Williams v. State, 62 Okl.Cr. 298, 71 P.2d 496, 498 (1937); State v. McMains, 95 Okl.Cr. 176, 241 P.2d 976, 983 (1952). Therefore, the State was required to show that appellant’s failure to pay child support was intentional and not simply due to…