Shepherd v. Commonwealth

Court of Appeals of Kentucky

Shepherd v. Commonwealth

262 S.W.2d 676, 1953 Ky. LEXIS 1115

DecidedDecember 4, 1953

StatusPublished

This text of 262 S.W.2d 676 (Shepherd v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shepherd v. Commonwealth, 262 S.W.2d 676, 1953 Ky. LEXIS 1115 (Ky. Ct. App. 1953).

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Opinion

STEWART, Justice.

Appellant, Melvin Shepherd, was indicted •by the Perry Circuit Court, charged with the crime of “deserting and abandoning his children, without complying with the orders of the Perry Circuit Court, as set forth in the judgment * * * relative to the custody and support of said children, * * This offense is denounced by KRS 435.240(3). A demurrer to the above indictment having been overruled, trial was had, and a verdict of guilty was rendered and a sentence of one year in prison imposed.

The evidence in this case and the statute relied upon for conviction are in effect the same as those appearing in Commonwealth v. O’Harrah, Ky., 262 S.W.2d 385. In that opinion this Court declared, and set forth the reasons why, 435.240(3) is unconstitutional. The O’Harrah case fully discusses the question before us and we deem it unnecessary to repeat here what was there written. Therefore, the demurrer should have been sustained and the indictment dismissed.

Wherefore, the judgment is reversed for proceedings in conformity with this opinion.

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STEWART, Justice.

Appellant, Melvin Shepherd, was indicted •by the Perry Circuit Court, charged with the crime of “deserting and abandoning his children, without complying with the orders of the Perry Circuit Court, as set forth in the judgment * * * relative to the custody and support of said children, * * This offense is denounced by KRS 435.240(3). A demurrer to the above indictment having been overruled, trial was had, and a verdict of guilty was rendered and a sentence of one year in prison imposed.

The evidence in this case and the statute relied upon for conviction are in effect the same as those appearing in Commonwealth v. O’Harrah, Ky., 262 S.W.2d 385. In that opinion this Court declared, and set forth the reasons why, 435.240(3) is unconstitutional. The O’Harrah case fully discusses the question before us and we deem it unnecessary to repeat here what was there written. Therefore, the demurrer should have been sustained and the indictment dismissed.

Wherefore, the judgment is reversed for proceedings in conformity with this opinion.

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262 S.W.2d 676, 1953 Ky. LEXIS 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepherd-v-commonwealth-kyctapp-1953.

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