[DOWNLOAD] "People v. Cannon" by First Appellate District, Division Two District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: People v. Cannon
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 30, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Petitioner was charged and convicted in the municipal court of a violation of section 270 of the Penal Code in failing to furnish, as the father of an unborn illegitimate child, the "necessary food, clothing, shelter or medical attendance or other remedial care" for said child. The conviction was affirmed by the Appellate Department of the Superior Court of Los Angeles County although the judgment imposed was reversed with instructions to rearraign the defendant for judgment (People v. Clarke, 146 Cal. App. 2d Supp. 904 [304 P.2d 271]). Thereafter the petitioner was rearraigned in the municipal court, at which time he and the mother of the child for whose nonsupport he had been convicted were husband and wife. The court granted probation, one of the conditions of which was that petitioner spend 240 days in the county jail. A subsequent motion for modification of probation having been denied, petitioner now seeks his discharge by habeas corpus. Petitioner attacks the constitutionality of section 270 of the Penal Code as applied to the facts in this case, contending that it is so vague and indefinite as to be violative of the constitutional requirement of due process. That section, omitting nongermane provisions, reads: "A father of either a legitimate or illegitimate minor child who wilfully omits without lawful excuse to furnish necessary food, clothing, shelter or medical attendance or