Caseri

The defendant was convicted of the misdemeanor of wilfully failing to supply his minor children with necessary food and clothing, contrary to the provisions of section 270 of the Penal Code. He was sentenced to imprisonment in the county jail for a term of six months. The judgment was suspended and he was released on his own recognizance for the purpose of permitting him to support his family. From the judgment of conviction the defendant has appealed. It is contended the judgment is not supported by the evidence.

The defendant is divorced from his wife, Emma Caseri. There were six children as the issue of their marriage. The ages of these children ranged from seven to fourteen years. The children were awarded to the custody of Mrs. Caseri in the divorce proceeding, together with the sum of $40 a month for their support. For about two years Mrs. Caseri and the children lived with her father, John Tunzi, at Crows Landing. During that period of time Mr. Tunzi furnished these children and their mother with nearly all the food and clothing which they required. It appears without dispute that the defendant, Robert Caseri, was a farm laborer without property or means who lived in a…