Curry

The defendant was found guilty by a jury in the superior court of Tolo County of the crime of willfully omitting, without lawful excuse, to furnish necessary food, clothing, shelter, and medical attendance for his two minor children. He made a motion for a new trial, which was denied, and he brings the ease here on appeal from the judgment and the order denying said motion.

It appears that the defendant and his wife, the father and mother of two minor children, were divorced by a decree entered in the superior court of Yolo County. The record does not clearly show when this decree was entered, but it does appear that the wife was awarded the custody of the two minor children in October, 1914, and during all the years down to the time of the filing of the information herein had their legal custody. It appears that when the decree of divorce was entered (we judge from the record some time in the year 1914) the court also made an order requiring the defendant to pay to his wife for the care, support, education, etc., of said two minor children the sum of $20 per month or $10 per month for each child. The evidence shows that the defendant was not prompt in the payment of the moneys…