Allen v. State

Benham, Judge.

Thomas Andrew Allen was tried along with his wife for cruelty to his stepchild in violation of OCGA § 16-5-70. His wife was acquitted, and appellant was convicted and sentenced to a prison term of 20 years. Taking exception to his conviction, he appeals. Held:

Appellant was living with the child’s mother in a rural area of Troup County, Georgia. On the evening of December 9, 1983, appellant took the child, who was two years and 10 months old, to the local hospital for treatment, stating that she had fallen down the steps the day before and that shortly before he brought her to…