Beaver v. State

• Decision Date: 19 December 1923
• Docket Number: (No. 7792.)
• Citation: Beaver v. State, 256 S.W. 929, 96 Tex.Cr.R. 179 (Tex. Crim. App. 1923)
• Parties: BEAVER v. STATE.
• Court: Texas Court of Criminal Appeals

Page 929

256 S.W. 929

BEAVER v.STATE.

(No. 7792.)

Court of Criminal Appeals of Texas.

December 19, 1923.

Appeal from Travis County Court; Geo. S. Matthews, Judge.

Howard A. Beaver was convicted of deserting, neglecting, and refusing to provide for the support and maintenance of his minor child, and he appeals.Reversed and remanded.

Dickens & Dickens, of Austin, for appellant.

Tom Garrard, State's Atty., of Midland, and Grover C. Morris, Asst. State's Atty., of Devine, for the State.

HAWKINS, J.

Appellant was convicted for willfully deserting, neglecting, and refusing to provide for the support and maintenance of his minor child, and his punishment assessed at a fine of $50.

Our statute, article 640a, Vernon's Ann. Pen. Code 1916(chapter 101, § 1, of the Acts of the Legislature of 1913), provides for the punishment of "* * * any parent who shall willfully or without justification, desert, neglect or refuse to provide for the support and maintenance of his or her child or children under the age of sixteen years in destitute or necessitous circumstances. * * *"

The mother of the child in question and appellant had never been married.The point is made that, the child being illegitimate, the statute in question does not apply.

At common law the father is not responsible for the maintenance of an illegitimate child.Corpus Juris, § 31, vol. 7.Under express provisions of the statute of some states, a parent who willfully refuses or neglects to provide for his or her bastard child may be punished therefor, but a general statute providing for the punishment of any person who shall neglect to provide for a child of which he or she shall be the parent applies only to parents of lawful children, and not to those of illegitimate birth.Corpus Juris, § 38, vol. 7, and authorities thereunder cited.When the word "child" or "children" is used in a statute(unless the statute clearly reflects the contrary), it means a legitimate child or children only.2 Words and Phrases, First Seriesp. 1123.Construing our own civil statute upon the law of descent and distribution, the Supreme Court, in Hayworth v. Williams, 102 Tex. 308, 116 S. W. 43, 132 Am. St. Rep. 879, holds that while there is some conflict of authorities upon the meaning of the word "child" when used in a statute, deed, or will, that the decided weight of authority is in favor of the construction that the use of such word refers alone to legitimate children.In some states express statutes have been enacted providing for certain procedure to determine the parentage of an illegitimate child, and requiring the father to support it.Unless the statute...