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Show INTERESTING POINT IS RAISED BY ATTORNEYS Statute Regarding Failure to Provide for Minor Children Is Attacked. Special to The Tribune. OGDEN', April 23. If a man deserts his family and refuses to provide the necessaries neces-saries of life for his Infant child while he still remains a resident of this state he can be punished for a felony, under the statutes of this state, but if, after, deserting his family, he goes to another state to Ilvo tho courts of 1'tnh havo no jurisdiction over his person and cannot punish him, because he Is a nonresident. This Js the construction placed by Attorneys At-torneys George Ualvorsen and S. Abbott Maginnls on the statute passed by tho legislature two years ago. making it a felony for a man to refuse to support his minor child. At tho close of the testimony offered for the state by District Attorney Nathan J. Harris this afternoon, the attorneys for Barnes moved to quash the Indictment Indict-ment against their client on tho above ground. Judge Howell said he would lake ' the matter under advisement until to- I morrow morning-, and Intimated that there Is a considerable diversity on this subject sub-ject In the supremo court decisions of many of tho slates. In reading one of the decisions favorable favor-able to the position he was arguing. Attorney At-torney llalverson referred to a famous lottery case decided In one of the states. District Attorney Harris wanted to know If he intended the court to believe that a lottery case was similar to the one on trial, and If Mr. llalverson thought that marriage was a lottery? Judge Howell remarked that from some f tj facts brought out during- the trial of Barnes he was convinced that there is reallv something some-thing In such an assertion, after' all. |