Hamil

This is an appeal by the defendant from a judgment of conviction under the provisions of section 270 of the Penal Code, which prescribes a penalty for failure to provide for one’s minor child.

Resolving all conflict in' the testimony against the defendant, it appears that he is the father of a child which was born at the St. Elizabeth’s Infant Hospital on October 8, 1922, to a young unmarried mother; that at all times during his acquaintance with the mother of this child the defendant was married to another woman and that there were three children of that marriage; that the defendant was supporting his legitimate family; that he was earning his living by driving a laundry wagon at a salary of thirty-four dollars a week at the time of the trial; that he gave to the mother of his illegitimate child, who is the prosecuting witness here, fifty dollars or sixty dollars before she went to the hospital for the birth of her child; that up to the time the prosecuting witness went to the hospital, which was four months before her child was born, she worked as a waitress and earned her living. After she left the hospital, on November 4, 1922, she resumed her work as a waitress and the…