Lowry v. State

SPARLING, Justice.

Appellant, convicted of criminal nonsupport, contends that the statute, TEX.PENAL CODE ANN. § 25.05 (Vernon 1974), unconstitutionally shifted to him the burden of disproving an element of the offense. We agree and hold that the statute is unconstitutional- under the Fourteenth Amendment, U.S. CONST, amend. XIV, and TEX. CONST, art. 1, § 19. Accordingly, we reverse.

The Constitutional Error

Appellant was charged by information with violating § 25.05, which provides, in pertinent part:(a) An individual commits an offense if he intentionally or knowingly fails to provide support…