Deo v. State

POWELL, Presiding Judge.

Billy Deo, plaintiff in error, hereinafter referred to as defendant, was charged by information filed in the district court of McIntosh County, with the crime of abandonment of a min’or child, as provided by Tit. 21 O.S.1951 § 853; was tried before a jury found guilty, but being unable to agree upon the punishment to be assessed left the same to the court, who fixed his punishment at confinement in the penitentiary at Mc-Alester for two years.

The basis for appeal is the contention that the evidence in the case failed to establish the marriage relationship. A common law…