
    FREEMAN v. STATE.
    (No. 5916.)
    (Court of Criminal Appeals of Texas.
    Oct. 27, 1920.)
    1. Criminal law <8=211 (4) — Complaint held not to allege offense in county.
    A complaint for desertion of wife and child, which alleged that, “in said county and state” defendant committed the acts complained of, with no reference elsewhere in the complaint to any county, is insufficient to show that the desertion occurred within the county where the I prosecution was instituted.
    2. Indictment and information <8=86(2) —Information held not to allege desertion within county.
    An information for desertion of wife and children, which alleged that defendant in the county of the prosecution married and became the father of the children, and that he deserted ,them, is insufficient to show that the desertion occurred within the county, so that a motion to quash the information should have been sustained.
    Appeal from Harris County Court; Roy F. Campbell, Judge.
    Dan Freeman was convicted of deserting bis wife and two children, and he appeals.
    Reversed and prosecution ordered dismissed.
    Wander & Williamson, of Houston, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted for deserting his wife and two children, and willfully neglecting and refusing to provide for, support, and maintain them, they being each in necessitous circumstances.

The complaint and information are attacked in motion in arrest of judgment, one of the grounds being that the information fails to allege the offense to have been committed in the county of Harris.

The complaint charges as follows:

“I, Eula Freeman, being duly sworn, do state upon my oath that I have good reason to believe, and do believe, that in said county and state, on the 15th day of March, A. D. 1920, Dan Freeman was lawfully married to Eula Freeman, and was the father of Yirg-ie Freeman, a girl of the age of 11 years and Finley Freeman, a boy of the age of 8 years,” etc.

It will be noticed that this complaint does not charge where this occurred. There is no reference in the complaint to Harris county. The only expression in the complaint with reference to it is that affiant had good reason to believe that in “said .county,” etc. Had the county of Harris been previously •set out in the complaint, this might have been a sufficient reference, but this was not clone; therefore, the complaint fails to charge that this desertion occurred in Harris county.

In the information it is alleged that the assistant criminal district attorney of Harris county “presents in and to the county court at law of Harris county, Tex., at the April term, A. D. 1920, of said court, that Dan Freeman heretofore, on the 15th day of March, A. D. 1920, in said county and state, was lawfully married to Eula Freeman, and was the father,” etc., and that he “willfully, wantonly, and without justification deserted, neglected, and refused to provide,” etc. This does not allege the desertion occurred in Harris county. The pleadings are not sufficient, as contended in the motion in arrest of judgment, which will be sustained.

The judgment is reversed and the prosecution ordered dismissed. 
      <2=For other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     