Brinson v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Affirming.

By a true bill returned by tbe grand jury on September 16, 1947, appellant was charged with the crime of deserting or abandoning his infant children, leaving- them in a destitute condition without making proper provision for their board, clothing, etc., as denounced by Sec. 435.240, KRS, which carries a penalty of from one to five years imprisonment. On his trial on October 16, 1947, he was found guilty, the penalty being fixed at the maximum.

In support of a motion for new trial, which was overruled, appellant set up five or more grounds,…