This conviction was had under the Act of the Thirtieth Legislature, page 133. The charge in this case was for failure to support the minor child. The provision with regard to this phase of the law is the same in regard to the abandonment of the wife insofar as the question involved the validity of the statute. For the reasons stated in Ex parte Smythe and Burch v. State, this day decided, the judgment in this case is reversed and the prosecution ordered dismissed.

Dismissed,.

(dissenting).—Unless the judgment in this case can be reformed, I think the case should be reversed and the cause remanded. I do not agree, however, to the conclusion that the law is unconstitutional insofar as it defines the offense and fixes the penalty. I think, as to the mere matter of collection of a fine, if this should fail, that it ought not to carry the law down with it. I have written my views at some length in the case of Ex parte Frank A. Smythe, this day decided, to which I respectfully refer the interested reader.