CULLEN, Commissioner.
Enoch R. Smith was indicted under KRS 435.240(3), for failure to make payments for the support of his children required of him under a divorce decree. A demurrer to the indictment was sustained and judgment was entered dismissing the prosecution. The Commonwealth has appealed, seeking a certification of the law. Criminal Code of Practice, §§ 335, 337.
The question here raised is identical with that raised in Commonwealth v....
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