Selby

By information filed in the superior court of Modoc County, the defendant was accused of the crime of unlawfully abandoning and leaving his wife in a destitute condition and failing to provide for her support, as defined by section 270a of the Penal Code. Upon being tried for said offense before a jury, he was convicted thereof and thereafter, and within legal time, the court sentenced him to imprisonment in the state prison at Folsom for the term of two years.

This appeal is prosecuted by the defendant from the judgment and is supported by a transcript of the testimony.

Section 270a of the Penal Code reads: “Every husband having sufficient ability to provide for his wife’s support, or who is able to earn the means of such wife’s support, who will fully abandons and leaves his wife in a destitute condition, or who refuses or neglects to provide such wife with necessary food, clothing, shelter or medical attendance, unless by her misconduct he was justified in abandoning her, 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.”

The important facts are undisputed and may thus…