Brooke v. State

The plaintiff in error, hereinafter referred to as the defendant, was indicted in the circuit court of Volusia County for a violation of Section 7654, Comp. Gen. Laws of Florida 1927, in that he deserted his wife and withheld from her means of support. A verdict of guilty as charged was returned and upon a motion for a new trial being denied, judgment and sentence was passed and entered against him, and the case is here for review upon writ of error.

Defendant contends that the indictment charges two distinct offenses: (1) Desertion of his wife and (2) withholding from her means of support.…