Frazier

The record does not show any motion for a new trial. On appeal from the judgment, defendant contends that the verdict is contrary to law, in that the evidence failed to prove that the minor child was in need of any of the common necessaries of life, and that the evidence fails to show that defendant at any time failed or refused to pay for the support of said minor child. Section 270 of the Penal Code, referring to the offense which is the subject of this action, provides that the omission by the father of a child to furnish necessary food, clothing, shelter, or medical attendance, or other remedial care, for his child, is prima facie evidence that such omission is wilful and without excuse. It is also provided that the father is not relieved from criminal liability for such omission, merely because the mother of such child, or any other person, furnishes such necessary food, etc., for such child. There is in the record abundant evidence that during a large part of the time for several years, down to- and including the date definitely stated in the information (November 15, 1926, “and prior thereto”), the defendant was earning a substantial income, but did not make any provision…