Ardis v. State

Henry Ardis was charged with and convicted of the willful refusal to support his minor child and sentenced to twelve months hard labor in the Houston County Jail. From that conviction he now prosecutes this appeal.

The dispositive issue on this appeal is whether or not a prima facie case was proven by the State when tested by a timely motion to exclude.

We hold that insufficient evidence was presented to show that appellant had a duty to support the child named in the warrant of nonsupport and, therefore, reverse and render this case.

The case was heard by the court without a jury. The first…