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DENDY v. STATE

No. 40829.

421 S.W.2d 398 (1967)

Joe DENDY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 6, 1967.

Attorney(s) appearing for the Case

McCown & Sheehan, Louis T. Dubuque, Dumas, for appellant.

William Hunter, Dist. Atty., Dumas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is the felony offense of wilfully deserting, neglecting and refusing to provide for the support and maintenance of minor children; the punishment, two years in the Department of Corrections, probated.

This felony conviction cannot be sustained because the indictment alleges that appellant had been duly and legally convicted of the misdemeanor offense of "abandonment of children" in the County Court, whereas the...

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