Fulton v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

It is to be regretted that there was no brief on file in this case in behalf of appellant when first considered, by which our attention might have been called to the matters now urged in the motion for rehearing.

To make plain our conclusions we re-state facts essential. The Legislature in June 1929 redefined the offense of deserting and failing to support a wife and child, and changed the penalty for such offense, making same a felony. It had theretofore been a misdemeanor. On November 8, 1929, this appellant was indicted for deserting and failing to…