People v. Caseri

THOMPSON (R. L.), J.

The defendant was convicted of the misdemeanor of wilfully failing to supply his minor children with necessary food and clothing, contrary to the provisions of section 270 of the Penal Code. He was sentenced to imprisonment in the county jail for a term of six months. The judgment was suspended and he was released on his own recognizance for the purpose of permitting him to support his family. From the judgment of conviction the defendant has appealed. It is contended the judgment is not supported by the evidence.

The defendant is divorced from his wife, Emma Caseri. There were six children as the issue of their marriage. The ages of these children ranged from seven to fourteen years.

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The children were awarded to the custody of Mrs. Caseri in the divorce proceeding, together with the sum of $40 a month for their support. For about two years Mrs. Caseri and the children lived with her father, John Tunzi, at Crows Landing. During that period of time Mr. Tunzi furnished these children and their mother with nearly all the food and clothing which they required. It appears without dispute that the defendant, Robert Caseri, was a farm laborer without property or means who lived in a dilapidated old cabin and was unable to find employment during most of the time he is charged with failure to support Ms children.

The defendant testified that he contributed to the maintenance of his children in 1931 a total sum of $148, which was practically all that he earned. He explained that his compensation for farm services included Ms own board and lodging. He specified the amounts which he received during each month, and the various names of his employers who live in Stanislaus County. He claimed that he sent to his wife in 1931 all that he earned except about the sum of $20, which he spent for tobacco and incidental necessities. There was no effort to dispute this evidence. Mrs. Caseri was a witness at the trial in behalf of the prosecution, but she did not dispute her husband’s statement as above related. He further testified that he was able to find no employment in December, 1931, or in January, 1932. He said that he worked for Henry Johnson in February and March, 1932, pruning fruit-trees; that he earned only $20.94. He named five other persons for whom he, worked in 1932, mentioning the sum of money which he was paid by each of them. He claimed that he sent to his wife for the support of their children all that he earned that year except the sum of $13.75. Regarding his inability to secure work, he testified that “I tried all over to get work. I went as far as Peta-, luma to get work. ... I have worked every job I could get on, every place. . . . (From the money which I earned I kept for myself) just enough to live on, and a poor living at that, I was baching in an old cabin.” He mentioned the names of local farmers from whom he sought work in vain. There was no effort to contradict the testimony of the defendant. His evidence must therefore be accepted as true. The district attorney conceded that it was true. He said: “We cannot refute his statement that he may have been