Curtin v. State

WOODLEY, Judge.

Appellant was convicted for the wilful neglect and failure to support his three children under 16 years of age, an offense defined by Art. 602, P.C. The jury assessed the maximum punishment of two years in the penitentiary.

The defense was predicated upon the claim that appellant *627was never married to the mother of the children, and that if he was in fact their father, they were not his legitimate offsprings.

The trial court recognized such as a defense, and properly instructed the jury that in order to convict appellant they must first find beyond a reasonable doubt that the…