Patton v. State

BERRY, Judge.

The offense is the wilful desertion, neglect and refusal to provide for the maintenance and support of appellant’s wife whom it is alleged was then and there in destitute and necessitous circumstances. The punishment is a fine of §25.00 and six' months in jail.

The evidence affirmatively shows that the wife of the appellant is not in destitute or necessitous circumstances, and it affirmatively shows that she has never been in destitute or necessitous circumstances. The testimony wholly fails to meet the allegation with reference to this matter. It is necessary in a case of this…