People v. Vogel

MUSSELL, J.

Defendant was found guilty by a jury of violation of Séction 270 of the Penal Code in that on or about the 1st day of September, 1951, he did wilfully and unlawfully and without lawful excuse omit to provide necessary food, clothing, shelter, medical attention and other remedial care for two of his minor children. A motion for a new trial was denied and defendant was sentenced to the county jail for 60 days. The sentence was suspended and defendant was placed on probation for one year on the condition that he pay the sum of $80 per month for the support of his children.

Evidence

Defendant’s wife testified that she and the defendant were married in 1931; that there were three children the issue of that marriage: Louis, aged 19, Hilda, aged 18 and Joe, aged 15; that all thr.ee were living with her in El Centro; that she was supporting Hilda and Joe by taking in washing and ironing; that she received the sum of $40 from the defendant in the latter part of August, 1951, and that she had received no other money from him; that whenever she asked defendant for money, he refused and said “You can work”; that she had been providing food and clothing for the children; that the boys had newspaper routes; that she paid defendant $50 per month because he demanded part of what she and the children were making; that he had not purchased

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any clothes for her or for the children for the past five years; that she was not in good health; that one of the children needed dental care and they both needed clothing; and that defendant “drank very much” and spent “a great amount” for liquor, buying at least one-half gallon of wine or four quarts of beer each day “sometimes more.”

A payroll supervisor of the Imperial Irrigation District testified that defendant was employed by the district from October 9, 1950, to September 1, 1951, as a watchman and during that period his average earnings exceeded $200 per month.

Defendant testified that from July, 1951, to oSeptember 1, 1951, he paid out a total of $369. However, of this amount, only $40 was paid to his wife.

The stated evidence was uncontradicted and is ample to sustain the verdict and judgment.