Martin

The information herein filed January 5, 1929, charges the defendant with the crime Of abandoning and leaving his wife in a destitute condition, “on or about the 11th day of July, 1928,” and refusing and neglecting to provide her with necessary food, clothing, shelter and medical attendance. The case was tried before the court without a jury, the defendant expressly waiving a jury trial. He was found guilty and sentenced to imprisonment in the county jail. This appeal ig from the judgment and the order denying a new trial.

Appellant contends that the evidence is not sufficient to show that he wilfully abandoned and left his wife in a destitute condition or refused to provide her with the necessities of life.

Mrs. Martin testified that on many occasions from June 1 to July 11, 1928, the defendant, without cause and in profane and vulgar language, ordered her to leave, threatening that he would kick her out if she did not; that by reason of such conduct, on July 11th, .she left and went to the home of a neighbor, where she lived for several weeks; that on September 6, 1928, she broke some small bones in her foot, which prevented her from earning anything for six weeks; that at that…