Fairbanks v. State

Frankum, Judge.

Code Ann. § 74-9902 provides in part: “If any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor.”

“There are two elements in the offense of abandonment of child: (a) desertion, that is, the wilful forsaking and desertion of the duties of parenthood; (b) dependency, that is, leaving such child in a dependent condition. Both elements must be present to complete the offense.” Blackwell v. State, 48 Ga. App. 221 (172 SE 670).…