Castellon v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

According to the appellant’s testimony, he and his wife separated in December, 1922. She left his home, took her infant and went to that of her father, where she has since resided. In January, 1923, he filed suit for divorce which had never been disposed of. For a while after the suit was filed, he paid alimony to his wife at the rate of five dollars per week for part of the time and three dollars a week for the balance. It seems; however, that this ceased, and that prosecution was established and conviction took place in July, 1924. Since that…