SMITH v. COMMONWEALTH


322 S.W.2d 711 (1959)

Richard SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 1, 1959.


Attorney(s) appearing for the Case

S. M. Ward, Hazard, for appellant.

Jo M. Ferguson, Atty. Gen., William L. Brooks, Asst. Atty. Gen., for appellee.


MONTGOMERY, Chief Justice.

Richard Smith was convicted of child desertion and sentenced to one year's confinement. KRS 435.240(1). He urges as reversible error: (1) The trial court should have sustained his motion for a directed verdict; and (2) the instructions were erroneous. The latter contention is considered first.

Appellant and Dora Smith had one child. The mother was awarded custody of the child when she obtained a divorce from appellant on January...

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