# George v. State

> Court of Criminal Appeals of Oklahoma · January 29, 1988 · 749 P.2d 568

URL: https://www.frixlaw.com/law-library/cases/5161892

## Case

- **Full name:** Everett Levoy GEORGE, III v. STATE of Oklahoma
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** January 29, 1988
- **Citations:** 749 P.2d 568; 1988 OK CR 22; 1988 Okla. Crim. App. LEXIS 24; 1988 WL 7228
- **Precedential status:** Published
- **Opinion:** Dissent by Parks
- **Judges:** Bussey, Parks
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5161892

## Opinion text

PARKS, Judge,
dissenting:
The pivotal issue is whether the appellant “willfully neglected” his children in violation of 21 O.S.1981, § 853. While willful neglect can be inferred from the surrounding circumstances, such neglect must be purposeful or without just cause and not merely a result of inability to pay. Ballard v. State, 92 Okl.Cr. 420 , 223 P.2d 782, 784 (1950); Williams v. State, 62 Okl.Cr. 298 , 71 P.2d 496, 498 (1937); State v. McMains, 95 Okl.Cr. 176 , 241 P.2d 976, 983 (1952). Therefore, the State was required to show that appellant’s failure to pay child support was intentional and not simply due to inability to pay.
The facts presented are not sufficient to warrant a finding of “willfulness.” Although the appellant failed to pay child support, the record indicates that he was unable to find work. After the divorce from his wife, he did not see his children because they lived in a different state, and he lacked the funds to make the trip. Further, he did contact them by telephone at least twice. These facts do not indicate that appellant intentionally withheld the child support payments, but rather that appellant was unable to make payments due to his inability to find work.
Accordingly, I would reverse and remand with instructions to dismiss based upon the insufficiency of the evidence. Burks v. United States, 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 (1978).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5161892. Public record. Not legal advice.