Legal Opinion

Campbell v. State

Court of Appeals of Georgia

Decided June 13, 1917No. 8786PublishedCited by 9 opinions

Accusation of abandonment of child; from city court of Baxley —’Judge Sellers. December 30, 1916.

1Opinion of the CourtGeorge, J.

The offense of abandonment, as defined in section 116 of the Penal Code of 1910, consists of two elements,—separation from the child, and failure to supply its needs. The offense is not complete until there is a conjunction of these two essential elements. Mere absence from one’s child is not of itself a criminal offense. The crime of abandonment begins and continues as long as there is a failure of the father to perform his parental duties in administering to the needs of the child and the consequent dependence of the child. Compare Phelps v. State, 10 Ga. App. 41 (72 S. E. 524). It is…

2Cases cited1 opinion

  1. Phelps v. StateCourt of Appeals of Georgia · 1911

3Cited by9 opinions

  1. Bailey v. StateSupreme Court of Georgia · 1958
  2. Towns v. StateCourt of Appeals of Georgia · 1919
  3. Fairbanks v. StateCourt of Appeals of Georgia · 1961
  4. Cannon v. StateCourt of Appeals of Georgia · 1936
  5. Chandler v. StateCourt of Appeals of Georgia · 1928

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