Woodard v. State

LATTIMORE, Judge.

—Appellant was convicted in the County Court of Navarro County, of the desertion of his two minor children, and his punishment fixed at a fine of $25.

The information contains two counts—one charging the desertion of his wife, she being in destitute and necessitous circumstances; and the other charging the desertion- of his two minor children, there being no allegation in said count that they were in destitute and necessitous circumstances.

Article 640-a, of Vernon’s Penal Code, which is our statute defining the desertion of wife or children, specifically applies the element of…