Whittington v. State

Appellant, Paul (Pete) Whittington, Sr., was convicted in the Circuit Court of Copiah County of deserting and willfully neglecting and refusing to provide for the support and maintenance of bis four children under the age of sixteen years, leaving such children in destitute or necessitous circumstances. Code of 1942, Section 2087. Since the charge was in the conjunctive, and not in the alternative, as permitted by the statute, the State was required to prove each of the three stated elements. Nobles v. State, 77 So. 2d 674, 675 (Miss. 1955); Williams v. State, 207 Miss. 816, 828, 43 So. 2d…