Wallace v. State

LATTIMORE, Judge.

This appellant was convicted of wife desertion in the county court of Tarrant county, and his punishment fixed at thirty days in jail and a fine of $25.

The case must be reversed and remanded because of the failure' of the evidence to show a violation of the law.

It is held in Windham v. State, 80 Texas Crim. Rep., 551, 192 S. W. Rep., 248, that not only must the proof show that .the husband wilfully and without justification deserted his wife, and neglected and refused to support and maintain her, but the State must go further and show that he left her in destitute and…