Smith v. Commonwealth

MONTGOMERY, Chief Justice.

Richard Smith was convicted of child desertion and sentenced to one year’s confinement. KRS 435.240(1).- Pie urges as reversible error: (1) The trial court should have sustained his motion for a directed verdict; and (2) the instructions were erroneous. . The latter contention is considered first.

Appellant and Dora Smith had one child. The mother was awarded custody of the child when she obtained a divorce from appellant on January 14, 1957. The indictment which was returned May 31, 1957, charged a desertion of the child on January 15, 1957.

The trial court instructed…