
    PIPPINS v. STATE.
    (No. 4094.)
    (Court of Criminal Appeals of Texas.
    May 31, 1916.
    Rehearing Denied June 21, 1916.)
    Husband and Wine &wkey;>302 — 'Wins Deseetion — Guilt.
    Where defendant left his wife and children with some ■ supplies merely because he did not like the manner in which his wife’s people treated him, he was guilty of willfully deserting them in destitute and necessitous circumstances, though his mother would have supplied the wife with necessaries.
    [Ed. Note. — Eor other cases, see Husband and Wife, Cent. Dig. § 1100; Dec. Dig. &wkey;302.]
    Appeal from Taylor County Court; E. M. Overshiner, Judge.
    Gunce Pippins was convicted of willfully deserting Ms wife and cMldren, and he appeals.
    Affirmed.
    Scarborough. & Davidson, of Abilene, for appellant. C. O. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was convicted under article 640a, Vernon’s Ann. Pen. Code 1916, for willfully-deserting his wife and min- or children, they being in destitute and necessitous circumstances.

Appellant offers no testimony tending to show any justification for the desertion of his family. The desertion is shown beyond doubt, and his only excuse for deserting them is he did not “like the manner in which her people treated him.” He does not say Ms wife mistreated Mm in any way, nor state in what way her people had mistreated him. He contends that she had some supplies when he left, and his mother would have supplied her necessities. We do not think the law contemplates that a wife and children shall be left upon the charity of the mother of the man deserting Ms wife.

The evidence will sustain the verdict, and the judgment is affirmed. 
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