Burton v. Commonwealth

Keith, P.,

delivered the opinion of the court.

Burton was indicted hv a grand jury of the Hustings Court of the city of Richmond, under a statute approved March 12, 1904, which declares: “That any person who shall, without just cause, desert or wilfully neglect to provide for the support of his wife or minor children in destitute or necessitous circumstances, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in jail not exceeding one year; provided, that before the trial (with the consent of the defendant), or after conviction, instead of imposing the punishment…