State v. Groth

— Werner Groth and his wife Julia had five children. They were and continued to be residents of Pierce county. At her suit, a divorce was granted, she being given the custody of the children, all of whom were minors. Some two years • thereafter, he was arrested upon her complaint, under subd. 2, § 6908, Bern. Comp. Stat. [P. C. § 8828], charging that he wilfully omitted, without lawful excuse, to furnish necessary food and clothing for the children. Upon trial, a jury found him guilty and he has appealed from a judgment imposing a jail sentence and a fine.

A demurrer to a special plea that the…