Russell

Appellant was tried and convicted of the crime of failing, without lawful excuse, to furnish necessary support for his minor child, and sentenced to serve 180 days in the county jail of the county of Sacramento. Defendant’s motion for a new trial being denied, he appeals to this court therefrom and from the judgment of conviction above named. The only question assigned for reversal is that the judgment is contrary to the evidence. It appears from the transcript that during the year 1923 the defendant took the prosecuting witness, Mrs. Russell, then an unmarried woman, out for an automobile ride, and during the course of this automobile ride an act of illicit intercourse took place, which resulted in her pregnancy.. During the month of February following the prosecuting witness and the appellant intermarried. The appellant made the defense that he was not the father of the child. The testimony on the part of the prosecution is to the effect that the automobile ride just mentioned took place some time between the first and sixteenth days of July, 1923, that the child was born the tenth day of May, 1924. The testimony is all to the effect that only one act of sexual intercourse took…