People v. Norton

THE COURT. Appellant was convicted after trial by jury of violation of section 270 of the Penal Code, which provides that a father who wilfully omits without lawful excuse to provide the necessary food, clothing and medical care for his minor child is guilty of a misdemeanor. The appellant was placed on probation for a period of two years on condition that he pay the amount of $15 per month for the support and maintenance of his minor child, Winnie May Norton, with the further condition that he furnish a bond in the amount of $350 as a guarantee for such payments.

This appeal is from the order denying the motion for a new trial and from the judgment of conviction.

The mother of Winnie May Norton and her father, the appellant, were married in 1920 or 1921. There were two children by this marriage, one of whom was Winnie May. Appellant and his wife were divorced in 1932, and at that time Winnie May was four years of age. She lived with her father until July 19, 1940, when she left him and went to her mother’s home in the county of Merced. The mother had been remarried and there were two children as a result of this marriage. On July 26, 1940, the mother petitioned for and was appointed guardian of the person and estate of Winnie May. The appellant was present in court at the time of the guardianship proceedings, but did not oppose the mother’s petition for guardianship. Between July 26, 1940, and Maxch 22, 1941, at which time the complaint was filed against appellant by the mother, appellant had failed to send any money to the mother for the support of Winnie May. Mr. Sutherland, to whom the mother was remarried, a painter [141]by trade, earned very little money, and the family was on SRA relief during the winter months, receiving $39 per month. Winnie May was taken care of by receiving support from a portion of this relief money.

The appellant admitted, rather evasively, upon cross-examination that his earnings from carpenter work averaged $50 a month during the period Winnie May had been with her mother. He admitted that in February, 1941, he had earned $100. Except for $15 which appellant sent directly to his minor daughter, which was used to pay transportation fare to appellant’s home in Compton, California, on two occasions when Winnie May visited her father, no other moneys were sent to Winnie May or her mother for any purpose by the appellant. In answer to the question as to how he expected his daughter to receive support, the appellant replied by saying, “Well, she has got a home here to come to if she wants to come to it.” The mother testified that the only offer for support of the daughter, made by appellant, was received some time after the complaint for failure to support had been signed. The offer of appellant was that he would make monthly payments of $10 and the purchase of a wardrobe for Winnie May. Mrs. Sutherland testified that because of past experience she refused this offer as there was no guarantee she would receive the money.