State v. Gillaspie

This is an appeal by the state from a judgment of the superior court dismissing a felony action brought against a stepfather for nonsupport of a stepchild.

The agreed facts are that David R. Gillaspie married a woman who had an illegitimate 1 infant child. The parties separated, and divorce proceedings were instituted. Although financially able, Gillaspie contributed nothing to the support of the child after the separation. He was charged by information under RCW 26.20.030 (1) (b) as amended, which provides:(1) Every person who:(b) Wilfully omits, without lawful excuse, to furnish necessary…