Bennefield v. State

Simmons, Justice.

Bennefield, the plaintiff in error, was accused in the city court of Carrollton with the offence of a misdemeanor, in that on the 1st of May, 1886, “ he wilfully and voluntarily abandoned' his child, Willie, a boy ten months old, and left him in a dependent and destitute condition.” He waived trial by jury and agreed to be tried by the judge. The judge, upon hearing the evidence in the case, found the defendant guilty; whereupon he made a motion for a new trial on the following grounds: 1st, because the court erred in ruling out the testimony of Alfred Hanna, to the effect…