POKE v. STATE

4 Div. 675.

369 So.2d 838 (1978)

Walter POKE, Sr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 21, 1978.


Attorney(s) appearing for the Case

Brian W. Dowling, Dothan, for appellant.

William J. Baxley, Atty. Gen., and Willis E. Isaac, Asst. Atty. Gen., for the State.


TYSON, Judge.

Walter Poke, Sr. was charged and convicted of the willful refusal to support his minor children and was sentenced to twelve months hard labor in the Houston County Jail. From this conviction he prosecutes this appeal as an indigent. The sole and dispositive issue in this appeal is whether or not a prima facie case was presented by the State when tested by a motion to exclude.

We are of the opinion that insufficient proof was presented to show...

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