Byrne v. State

Raymond David Bryne appeals from a judgment and sentence for willfully withholding the means of support from minor children, pursuant to Section 856.04, Florida Statutes (1975). He contends that the evidence was insufficient to prove the essential elements of the offense. We agree and reverse.

For a conviction to be upheld under this statute, there must be a showing that the minor children were in need. Fekany v. State, 121 Fla. 51, 163 So. 221 (1935); Busch v. State, 97 Fla. 332, 120 So. 762 (1929); Griner v. State, 322 So.2d 647 (Fla. 1st DCA 1975). Here, there was a clear absence of…