Richie v. Com.

• Decision Date: 13 November 1901
• Parties: RICHIE v. COMMONWEALTH. [1]
• Court: Kentucky Court of Appeals

64 S.W. 979

RICHIE v. COMMONWEALTH. ^[1]

Court of Appeals of Kentucky.

November 13, 1901

Appeal from circuit court, Perry county.

"Not to be officially reported."

Boycan Richie was convicted of the offense of willfully and cruelly deserting his infant child, and he appeals. Reversed.

J. J C. Bach, for appellant.

Clem J Whittemore and Robt. J. Breckinridge, for the Commonwealth.

BURNAM J.

The appellant was indicted by the grand jury of Perry county, and was convicted and sentenced to the penitentiary for a term of one year for having willfully and cruelly deserted his child under six years of age. The indictment is as follows "The grand jury of Perry county, in the name and by the authority of the commonwealth of Kentucky, accuse Boycan Richie of the crime of willfully deserting children under six years of age, of which he is the father, in a manner showing a reckless disregard to the life and health of said children with the intention to wholly abandon them, committed in the manner and form, viz.: The said Boycan Richie, on the 19th day of September, 1900, in the county and state aforesaid did unlawfully and willfully desert two children and other number of children under six years of age, of which he is the father, in such a manner as to show a reckless disregard to the life and health of said children, and with the intention to wholly abandon them." A general demurrer to the indictment was interposed by the defendant, which was overruled by the court, and upon the trial before a jury it appeared that the accused had separated from his wife about four years before the finding of the indictment; that at the time of the separation they had one child, about one year old, which he left in the care and custody of its mother and grandmother, who lived together, and that after the separation it was carefully provided for by them, comfortably clothed, and well fed, but that the accused had not contributed anything to his support after his separation from the mother. The defendant testified that he could not get along with his wife and her mother and that for this reason he left her; that he gave them his interest in the land on which they lived, and a horse, and that the mother was to take care of the child; that he lived in the neighborhood, and frequently inquired for the child, and learned that it was being well cared for; that he had offered to take the child himself, but that his wife had...