Opinion
No. 14275.
Delivered June 3, 1931. Reported in 39 S.W.2d 894.
1. — Desertion — Wife — Appeal.
In wife desertion, the Court of Criminal Appeals has no jurisdiction in an appeal from an order of the trial court requiring appellant to pay to his wife a certain sum of money per week.
2. — Same.
Section 5, art. 5 of the Constitution of the State fixes the jurisdiction of the Court of Criminal Appeals and restricts such jurisdiction to consideration only of criminal cases upon appeal and matters affecting the jurisdiction and the granting of certain writs.
Appeal from the District Court of Webb County. Tried below before the Hon. J. F. Mullally, Judge.
Appeal from a conviction for wife and child desertion, and from an order requiring him to pay them a stated sum per week.
Appeal dismissed.
The opinion states the case.
M. J. Raymond, A. A. Alvarado, and F. B. Guerra, Jr., all of Laredo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant, after conviction for deserting his destitute wife and child, appealed from an order of the district court of the 49th Judicial District requiring him to pay to his wife and child the sum of $10 per week, beginning November 3, 1930.
It is insisted by the state's attorney with this court this is not a criminal matter, nor one of which this court has any jurisdiction.
Section 5, article 5 of the Constitution of this state fixes the jurisdiction of the Court of Criminal Appeals, and restricts such jurisdiction to consideration only of criminal cases upon appeal, and matters affecting the jurisdiction of this court, and the granting of certain writs. We nowhere find any statute or constitutional direction authorizing this court to consider or determine the legality of orders such as form the basis for the appeal now pending herein.
Believing this court without jurisdiction, the appeal is dismissed.
Dismissed.