41 So. 175 | Ala. | 1906
The ruling of the court on tin motion to quash the affidavit is not shown by the judgment entry. It is therefore not rEvisable. — Gaston v. Marengo County, 139 Ala. 467, 36 South. 738; Spraggins v. State, 139 Ala. 102, 35 South. 1000; Wright v. State, 136 Ala. 145, 34 South. 233.
The affidavit upon which defendant was tried and convicted was made on the 2nd day of February, 1905. It charges that within 12 months before its making defendant, being an able-bodied person, did quit his house and leave Ms wife arid children without means of subsistence. It is apparent that the offense here-charged is one prescribed by the act of the general assembly approved
Reversed and remanded.