Barger v. Commonwealth

SIMS, Chief Justice.

Ray H. Barger was convicted of deserting a pregnant wife-in indigent circumstances without making proper provision for her maintenance and his punishment was fixed at confinement in the penitentiary for two years. On this appeal he challenges only the sufficiency of the instructions.

The reporter who took the evidence suffered a fatal illness before'same could be transcribed, and the bill of exceptions is in narrative form. As we read the evidence, the only question of fact in dispute is whether or not appellant and prosecutrix were married. It is admitted they appeared…