Martinez v. State

McDonald, judge.

The offense is unlawfully and willfully refusing to provide for the support and maintenance of his two children. A prior misdemeanor offense of Child Desertion having been alleged for enhancement, the punishment; three (3) years confinement in the State Penitentiary.

Trial was to a jury upon a plea of not guilty. The State first adduced evidence from David Garcia, Clerk of the County Court at Law No. 2 of Bexar County, establishing the prior misdemeanor conviction on March 1, 1963. Mr. Garcia testified that appellant was placed in the Bexar County jail on March 1, 1963, and he…