Almanza v. State

McDonald, judge.

The offense is neglect and refusal to provide for the support of a minor child; the punishment, twenty days in jail.

The appellant was charged by information with deserting, neglecting, and refusing to support his minor children, Abun-dio Almanza, Jr., and San Juanita Almanza, “on or about the 1st day of December... 1961.” The desertion count was dismissed by the state and the court charged on the latter elements only. Additionally, the legitimacy of San Juanita was questioned, and the court instructed the jury to disregard all evidence concerning her.

The prosecuting witness,…