101 So. 366 | Miss. | 1924
delivered the opinion of the court.
,The appellant was indicted under chapter 212, Laws 1920, for deserting his wife without just cause, and willfully and feloniously failing and refusing to provide for the support and maintenance of her, the said Madie Nor-wood, who was then and there and now is in necessitous circumstances.
Without passing upon the sufficiency of the showing to withdraw the plea of guilty and the facts shown in the record, the judgment must be reversed because chapter 212, Laws 1920, was declared unconstitutional by this court in the case of State v. Sansome, 97 So. 753, and therefore the conviction cannot be upheld. The trial of this cause in the court below occurred prior to the decision holding the act unconstitutional. The judgment therefore is reversed, and the appellant discharged.
Reversed, and appellant discharged.