Boattenhamer v. State

MORROW, Judge.

Appellant was charged with wife desertion under article 640a, P. C., and his punishment fixed at a fine of $100 and confinement in jail for ninety days.

Appellant contended that the marriage was void because under duress, that if the marriage was legal the desertion was not without justification. The State met the plea of duress by evidence of ratification. These issues were submitted to the jury in a written charge prepared by the court and a special charge given at the request of State’s counsel. The special charge submitted the issue of ratification and is complained of in…