In re Gambetta
Synopsis
Criminal Law—Failure oe Father to Provide eob Minor Illegitimate Child.—Section 270 of the Penal Code, as originally adopted, making it a felony for a parent to willfully omit to provide for a minor Child, has no application to the father of illegitimate ehildreL and section 196a of the Civil Code, adopted in 1913, imposing the obligation on a father to support his illegitimate children, has not changed the application of section 270 of the Penal Code in any way.
THE CHIEF JUSTICE: (From the Bench)—The court is unanimously of the opinion that section 270 of the Penal Code, as originally adopted, has no application to the father of illegitimate children, and that section 196a of the Civil Code, relied on, does not change the application of that section in any way. The prisoner will be discharged from custody.
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