Dailey v. State

Jordan, Judge.

One of the questions here involved is whether the trial court erred in not sustaining the plea in bar based on the grounds set forth above. The defendant contends that the posting of a statutory bond in a bastardy proceeding is a bar to his subsequent prosecution on an abandonment charge involving the same child, and that the only remedy available to the mother is an action to enforce the provisions of the bond. With this we cannot agree. The Code defines abandonment to mean the wilful and voluntary act of abandoning the child, leaving it in a dependent condition and then…