STANLEY, Commissioner.
Appellant, Nadine Brummitt, was indicted for deserting her three children under conditions defined in KRS 435.240. The trial court directed an acquittal in relation to two of the children and submitted the case to the jury as to the defendant's son, Jerry Wayne Brummitt. She was found guilty and her punishment fixed at imprisonment in the penitentiary for one year.
The statute, KRS 435.240(1), reads:
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