CAUDILL v. COMMONWEALTH


262 S.W.2d 390 (1953)

CAUDILL v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 13, 1953.


Attorney(s) appearing for the Case

S. M. Ward, Hazard, for appellant.

J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


SIMS, Chief Justice.

Appellant, Luther Caudill, was convicted of child desertion and his punishment fixed at confinement in the penitentiary for one year. He assigns two grounds for reversal: (a) the indictment did not charge a public offense; (b) if a public offense was charged, the instructions were erroneous because they did not follow the language of the indictment. As we think the first ground is well-taken, we do not reach the second.

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