SUTTON, Chief Justice.
Defendant in error, John Lorenz, was found guilty by a jury of the felony of non-support of two minor children under the age of sixteen years in violation of C.R.S. '53, 43-1-1. On March 18, 1963, he was sentenced to a term of not less than two years, nor more than four years in the state penitentiary. The sentence was then suspended and he was placed on probation for five years. By writ of error he seeks relief on three grounds, viz.:
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