Commonwealth v. Scott

Opinion of the Court by

Chief Justice Sims

Affirming.

Herbert Scott was indicted for tbe offense of abandoning his infant children under sixteen years of age without complying with the judgment of the Hopkins Circuit Court divorcing him from his wife and ordering him to pay $100 per month for the support of these children, an offense denounced by KRS 435.240(3) as amended by the General Assembly at its 1946 session, Chapter 90, page 211. A general demurrer was sustained to the indictment and the Commonwealth appeals under sec. 335 of the Criminal Code of Practice for a certification •of the law.

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