Cornett v. Commonwealth

STANLEY, Commissioner.

The appeal is by Kinnerd Cornett from a conviction of child desertion with a penalty of imprisonment for two years.

Both the accusatory and the descriptive portions of the indictment mix the language of KRS 435.240(1), which makes it a felony for a parent to desert or abandon a child and leave it destitute, and the language of KRS 435.240(3), which makes it a felony for a parent, among other things, to fail to comply with a judgment in a divorce action which provides for the maintenance or support of a child. The references in the indictment to the failure to comply with…