Osborne v. Commonwealth

Opinion op the Court by

Chiep Justice Deetzman

Reversing.

Appellant was indicted for the offense of child desertion denounced by section 331Í-1 of the Kentucky Statutes, found guilty, and sentenced to serve two years in the penitentiary. He has appealed.

Many grounds are urged for reversal, none of which are considered or passed upon in this opinion, except the one based on appellant’s contention that he was entitled to a peremptory instruction requiring the jury to find him not guilty. Inasmuch as we are of opinion that this contention should have been sustained and as it is fatal, under the…