State v. Rutledge

— Respondent was charged by information with failure to furnish necessary food, clothing and medical attendance to and for his two minor children. He demurred to the information, and from an order sustaining the demurrer and dismissing the action with prejudice, the state has appealed.

The information is based upon the Laws of 1913, p. 71, ch. 28; Rem. Comp. Stat., § 6908 et seq. Section 1 of the act provides:

“Every person who,...........

“2d: Willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children or ward or…