Morris v. State

BEAUCHAMP, Judge.

The original opinion in this case delivered on November 19, 1941, is hereby withdrawn and the following opinion is substituted in lieu thereof.

The appellant was assessed a penalty of ninety days in jail upon a charge that he did “unlawfully and wilfully desert, neglect and refuse to provide for the support and maintenance” of his four children who were alleged to be under the age of sixteen years.

In submitting the case to the jury the court in the first paragraph of his charge recounted the provisions of the indictment alleging that he did “unlawfully and wilfully desert,…