Martin v. State

GILLESPIE, Chief Justice.

Wilfred Dwight Martin was convicted in the Circuit Court of Leake County of felo-niously neglecting his minor children, leaving them in destitute and necessitous circumstances. He was sentenced to serve two years in the penitentiary but was placed on probation for five years with the special provision that he pay $350 per month for the support of his minor children.

Defendant argues on appeal that the state failed to prove the crime charged and that the trial court should have sustained his motion that he be discharged. We agree.

The facts are without substantial…