Court of Appeals of Kentucky May 29, 1959 (Mathis v. Commonwealth)

STEWART, Judge.

Samuel Mathis appeals from his conviction of abandoning his infant children for which he was sentenced to five years in 'the penitentiary. The question determinative of this appeal is whether Samuel Mathis and Ruby Mathis, the mother of the •children involved and the prosecutrix 'herein, had ever been married. We shall .refer to these two persons herein by their ■Christian names.