Com. v. Ray
| Decision Date | 24 October 1922 |
| Citation | 244 S.W. 415,196 Ky. 203 |
| Parties | COMMONWEALTH v. RAY. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Graves County.
Bernard Ray was indicted for an offense. A demurrer was sustained to the bill of particulars, and the Commonwealth appeals. Affirmed.
Chas I. Dawson, Atty. Gen., and T. B. McGregor, Asst. Atty. Gen for the Commonwealth.
Stanfield & Stanfield, of Mayfield, for appellee.
Bernard Ray was indicted for deserting and abandoning his infant child without making proper and suitable provision for its support. On his motion the commonwealth was required to file a bill of particulars, to which a demurrer was sustained, and the commonwealth appeals.
Under the statutes which are now in force, and have been in force for many years, any unmarried woman may go before the clerk of the county court of the county wherein she has been delivered of a bastard child, or of the county of her residence, if she was delivered thereof in another state, and accuse any person of being the father of the child, and it is made the duty of the clerk to reduce her statement to writing. Section 167, Kentucky Statutes. If it appears, upon such examination, that the child is less than 3 years old, it is the duty of the clerk to issue a warrant, requiring the accused to be arrested and brought before the county judge who shall require him to give bond for his appearance in the county court of the county in which the warrant was issued and to perform the judgment of the court. Section 168, Kentucky Statutes. If the finding of the jury is against the accused, it is made the duty of the court to make an order requiring the accused to contribute to the support of the child. It is further provided that the accused, who has failed to execute the bond before judgment, if he shall be adjudged to be the father of the child, shall thereupon enter into bond with good security, to be approved by the court, conditioned for the payment of the sums adjudged, in such installments as the court shall direct. In case of his failure to enter into such bond, the court shall commit him to jail, there to remain until he shall give such bond, pay the money, or be discharged as an insolvent debtor, having first given to the county attorney 10 days' notice of his application for such discharge. Section 175, Kentucky Statutes.
It appears from the bill of particulars which seems to have been agreed to by the parties, that Lena Freeman charged appellee with being the father of her illegitimate child. The charge was sustained, and appellee was directed to pay $1,500 in yearly installments for the support of the child. Having failed to satisfy the judgment, or to execute the statutory bond, he was ordered into the custody of the jailer, and was confined in jail for a period of 10 days, when he took the insolvent debtor's oath and was released from jail. On the trial of the bastardy charge, appellee did not deny that he was the father of the child, but...
To continue reading
Request your trial
- Law v. State
- Commonwealth v. Kirk
-
Duff v. Com. for Use and Benefit of Duff
...the statute the 'three years' provision has been accepted as a limitation on the bringing of such statutory action. See Commonwelath v. Ray, 196 Ky. 203, 244 S.W. 415; Clark's Adm'x v. Campbell, 212 Ky. 341, 279 S.W. 327. No case except the Early case has been found or pointed out in which ......
-
Mays v. Com.
...the parent of a legitimate child, natural or adopted, and does not cover such action in respect to an illegitimate child. Commonwealth v. Ray, 196 Ky. 203, 244 S.W. 415; Mathis v. Commonwealth, Ky., 324 S.W.2d 826. We do not believe it was the intention of the Legislature that KRS 208.020(3......