Ender v. State

HAWKINS, Judge.

Conviction is for wife desertion, punishment being by fine of $500 and ninety days in jail.

The evidence is conflicting upon the issue as to whether appellant or his wife was the cause of the separation. It is not necessary to set out the testimony on this point as the disposition of the appeal turns upon another phase of the case.

The statement of facts discloses that appellant and his wife were each owners of considerable property at the time of their marriage which occurred some 18 months before the date of the alleged abandonment. The uncontradicted proof shows that…