Griffith v. State

KRUEGER, Judge.

The conviction is for the oifense of desertion of wife while in necessitous- circumstances. The punishment assessed is confinement in the State penitentiary for a term of one year.

Appellant first complains of the court’s action in overruling his motion to quash the indictment on the ground of duplicity. The indictment, omitting the formal parts, reads as follows:

“* * * that Albert Griffith on or about the 15th day of June, A. D., one thousand nine hundred and forty,, and anterior to the presentment of this Indictment, in the County of rusk and State of Texas, did then and there…