Marshall v. State

DAVIDSON, Judge.

Appellant appeals from a conviction assessing a punishment of one year in the penitentiary for deserting, neglecting, and refusing to provide for the support of his four children, each under the age of sixteen years.

The allegation of desertion in the indictment was abandoned and appellant’s guilt under the charge of the court was made to depend alone upon his wilful failure to provide for the support and maintenance of his children.

Upon such circumstances, the burden was upon the state to prove that appellant was financially able to support and provide for the maintenance of…