Clarke

On August 13, ,1920, an information containing two counts was filed against defendant. By the first count he was charged with the crime specified in section 270 oí the Penal Code, and by the second he was charged with the crime of nonsupport of his wife, as defined in section 270a of the Penal Code.

At the close of plaintiff’s evidence, defendant’s motion for a dismissal of the accusation contained in the second count of the information was granted, and thereupon the trial of the case proceeded upon the charge contained in the first count of the information, the result of which was the conviction of defendant; and from the judgment pronounced thereon he prosecutes this appeal.

Section 270 provides that “a parent of either a.legitimate or illegitimate child who willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter or medical attendance for his child, is punishable by imprisonment in the state prison, or in the county jail, not exceeding two years, or by fine not exceeding one thousand dollars, or by both. ’ ’

Of the several grounds for reversal urged by counsel for defendant, we deem it unnecessary to consider other than that of the sufficiency of…