Fitzgerald v. Commonwealth

HILL, Judge.

This is an effort by appellant to avoid serving four years at hard labor in the State Reformatory, which was imposed upon him under a conviction for a violation of KRS 435.240(3) (a) for his failure to support his three infant children in obedience to a judgment of the Boyle Circuit Court in a divorce proceeding.

Appellant and his wife Mary Katherine were divorced by judgment of the Boyle Circuit Court September 1963. The original judgment awarded custody of their three small children to the mother and directed appellant to contribute $25 a week toward their support and…