Caudill v. Commonwealth

SIMS, Chief Justice.

Appellant, Luther Caudill, was convicted of child desertion and his punishment fixed at confinement in the penitentiary for one year. He assigns two grounds for reversal: (a) the indictment did not charge a public offense; (b) if a public offense was charged, the instructions were erroneous because they did not follow the language of the indictment. As we think the first ground is well-taken, we do- not reach the second.

*391The indictment is in hybrid form. The accusatory part charges appellant with the crime of “deserting and abandoning his children, without complying with…