Hembree v. Commonwealth

Opinion of the Court by

Chief Justice Clarke

Affirming.

Appellant was convicted of child desertion, as denounced by section 3311-1 of the statutes, and sentenced to one year in the penitentiary.

The first ground urged for reversal is that the court erred in permitting appellant’s wife to testify against him. That she was not a competent witness against him in an action of this kind, either at common law or under section 606 of the Code, was expressly decided in the recent case of West v. Commonwealth, 194 Ky. 536, 240 S. W. 52. Defendant, however, did not object to her testifying, although he did…