Commonwealth v. Donovan

Opinion op the Court by

Judge Settle

Certifying the law.

Appellee was indicted by the grand jury of Mercer county for the felonious desertion of his infant son, James Donovan, and leaving him in destitute and indigent circumstances without suitable provision for his support, etc.; the offense being one defined and made a felony by Kentucky Statutes, section 33U-L. On his trial in the Mercer circuit court the jury, in obedience to a peremptory instruction from the court so directing, returned a verdict finding him “not guilty,” and by the judgment entered thereon he was discharged from custody.…