Fortenberry v. State

This is an appeal by Berry Fortenberry from a conviction and sentence of two years in the state penitentiary, under Section 2087, Code of 1942, for the desertion and willful neglect and refusal to provide for the support and maintenance of his four children under the age of 16 years.

The State’s proof was to the effect that Fortenberry, a farmer, on September 6, 1951, before the completion of the harvest of his crop, deserted his wife, then pregnant, and his three children of tender ages, under the age of 16 years, and went to Texas. After tire payment of the expenses, the wife realized only…