Coleman v. Commonwealth

WADDILL, Commissioner.

The appellant, Alvy Coleman, was convicted of child desertion and sentenced to prison for 18 months. KRS 435.240. As grounds for reversal of the judgment he urges that (1) the court erred in failing to direct a verdict of acquittal, and (2) he was convicted under erroneous and prejudicial instructions.

Appellant first insists that the Commonwealth failed to prove that he violated the provisions of KRS 435.240, because it was not shown that he “abandoned his infant children, * * * leaving them in destitute circumstances.”

There was sufficient evidence to authorize the court…