Phillips v. State

DAVIDSON, Presiding Judge.

This prosecution was had under the Act of the Thirtieth Legislature, page 133, authorizing the punishment of a husband who deserts his wife for reasons stated in the Act. Under the decision of Ex parte Smythe and Burch v. State, this day decided, holding the law unconstitutional, the judgment in this case is set aside and the prosecution is ordered dismissed.

Dismissed.