Frank v. State

BERRY, Judge.

The appellant was convicted in the county court of Austin County for the offense of deserting his wife and minor child, and neglecting and refusing to provide support and maintenance for them and his punishment assessed at a fine of one hundred dollars.

There are many bills of exception in the record, but under the view we take of the case it is not necessary to consider them.

We think the state’s testimony clearly fails to show that at the time of the alleged desertion, or at any time since the desertion, that the wife and child were in destitute circumstances; instead, we think…