Whitman v. State

Pope, Chief Judge.

Accused of misdemeanor child abandonment, defendant Mark Whitman pled not guilty and denied paternity. After a bench trial defendant was acquitted on the general grounds, yet appeals from that judgment of acquittal, contending that he was entitled to a binding determination that he was, in fact, not the father of the allegedly abandoned child.

1. The State’s motion to dismiss this appeal, premised upon the authority of White v. State, 160 Ga. App. 857 (288 SE2d 574) (1982), is denied. See Burns v. State, 252 Ga. 140 (1) (312 SE2d 317) (1984).

2. The parties have been unable to…