People v. Meads

The defendant was tried and convicted upon an information charging him with the crim§ of willfully, and without lawful excuse, omitting to furnish the necessary food, clothing, shelter, and medical attendance to his minor child. (Pen. Code, sec. 270.) Upon this appeal he claims that the verdict of the jury is unsupported by the evidence.

We think the claim is well founded. The record discloses that the prosecuting witness and the defendant were married, in the state of Washington, in March, 1907; that the child mentioned in the information was born in July, 1907. The defendant and his wife lived together as husband and wife until December, 1913, when they separated under circumstances hereafter stated. In December, 1913, they were living at Lodi in San Joaquin County in a comfortable house, reasonably well furnished, the title to which stood in the name of both spouses. Up to their separation the wife had credit at the local stores where she purchased and had charged to the defendant whatever she deemed necessary for her wants and the wants of the family, and it does not appear that credit was ever refused her.

In December, 1913, they separated and have not since lived together…