Lovisi v. Commonwealth

Aldo Mario Lovisi appeals from a judgment order entered upon a jury verdict finding him guilty of a violation of Va. Code Ann. § 40-112 (Repl. Vol. 1953) and imposing a sentence of twelve months in jail and payment of a $1,000 fine.

We are first concerned with the question whether § 40-112 is applicable to Lovisi under the facts of this case. The statute, now Va. Code Ann. § 40.1-103 (1970), reads as follows:

“Cruelty and injuries to children— It shall be unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be…