Brazil

Appellant was convicted of the crime of failing, without lawful excuse, to furnish necessary support for his minor child and was sentenced to be punished therefor by imprisonment in the county jail for a term of two years and to pay a fine of $1,000. He appeals from the judgment.

During the course of the trial it was admitted by the appellant that he had not, during the time stated in the information, furnished support for the child of whom he was alleged to be the father. The sole question at issue therefore was whether the appellant was the father of the child.

In support of his appeal appellant makes two contentions: First, that the evidence presented during the trial of the action was insufficient to justify the verdict of conviction and, second, that the trial court erred in allowing certain evidence, alleged to be highly prejudicial to the appellant, to be introduced. As to the first of these contentions it is apparent that the evidence which was presented on behalf of the appellant was in some important respects in direct conflict with that which was introduced by the respondent. It was, of course, entirely within the province of the jury to determine whether the…