People v. Williams

This is an appeal by the state from an order of the trial court granting the defendant a new trial after his conviction upon an information charging him with a violation of section 270 of the Penal Code. A new trial was granted by the trial court upon the ground that- the verdict was contrary to the law and the evidence. Defendant was charged under the section of the code with a failure, without lawful excuse, to furnish his minor child with necessary food, clothing, shelter, and medical attendance. The prosecution thus assumed to prove the omission on the part of defendant to make provision for his minor child in the four instances specified in the information. At the close of the people’s ease the defendant moved the court to advise the jury to bring in a verdict in favor of the defendant on the ground that the evidence was insufficient to convict the defendant. The court then charged the jury as follows: “Ladies and gentlemen of the Jury, the Court in this ease deems the evidence insufficient to warrant a conviction, and the Court now advises you to acquit the defendant. You, however, are not bound by the advice of the Court. The case is submitted to you under the advice of the…