State v. McCoy

An information was filed in the district court for Franklin county October 4, 1909, charging that on April 1, 1909, defendant -unlawfully abandoned his wife and children. The prosecution was dismissed because the trial court ivas of the opinion that the legislature, between the dates mentioned, passed an amendatory act which deprived defendant of a substantial right possessed by him before its passage, and that the amendment was ex post facto as to the offense charged. For the purpose of settling the law, an exception to the ruling below is presented here under section 515 of the criminal…