MATHIS v. COMMONWEALTH


324 S.W.2d 826 (1959)

Samuel MATHIS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 29, 1959.


Attorney(s) appearing for the Case

John W. Coomes, New Castle, for appellant.

Jo M. Ferguson, Atty. Gen., William E. Allender, Asst. Atty. Gen., for appellee.


STEWART, Judge.

Samuel Mathis appeals from his conviction of abandoning his infant children for which he was sentenced to five years in the penitentiary. The question determinative of this appeal is whether Samuel Mathis and Ruby Mathis, the mother of the children involved and the prosecutrix herein, had ever been married. We shall refer to these two persons herein by their Christian names. Only Samuel and Ruby testified in this case.

Samuel lived with Ruby...

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