Miller v. Commonwealth

Opinion of the Court by

Judge Fulton

Reversing.

The appellant was sentenced to two years in the penitentiary for deserting his infant child, one year of age," leaving it in destitute or indigent circumstances, in violation of Kentucky Statutes, Section 331i-1, and brings this appeal.

About March 3, 1939, the appellant left his home and went to the home of his father in Ohio. At the time he left he was a WPA worker earning approximately $90 a month. He owned a cow and some chickens and had some feed for the cow. His wife owned the home in which they lived. At this time there was dne him in wages…