Ex Parte Heartsill

LATTIMORE, Judge.

This is an appeal from a judgment of the district court of Harrison county remanding appellant to the custody of the sheriff of said county. Appellant sought by habeas corpus to be discharged under a capias issued following his indictment for the offense of deserting his minor children.

Appellant attacks as unconstitutional the act of the Legislature appearing in chapter 195, Acts Regular Session of the 41st Legislature, which seeks to amend article 602, P. C. 1925, making penal the act of deserting a wife, or minor child or children, the ground of attack being that the…