Williams v. State
Supreme Court of Georgia
Indictment for abandonment of child. Before Judge Clements. City court of Eastman. September 12, 1906. Williams was convicted under an indictment charging him with having abandoned his child, leaving her in a dependent and destitute condition. He moved for a hew trial, on the grounds that the verdict was contrary to law and the evidence; the motion was overruled, and he excepted.
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Indictment for abandonment of child. Before Judge Clements. City court of Eastman. September 12, 1906. Williams was convicted under an indictment charging him with having abandoned his child, leaving her in a dependent and destitute condition. He moved for a hew trial, on the grounds that the verdict was contrary to law and the evidence; the motion was overruled, and he excepted. At the trial his wife testified, that she and the accused were married in March, 1904, and the child “was born of that marriage” in June, 1904. “He has never lived with me .since the marriage, . . and has not at any…
1Opinion of the CourtCobb, P. J.
1. “Under repeated rulings of this court, in order to constitute the crime of abandonment as defined in the Penal Code, § 114, it is necessary that the child shall be not only deserted but left in a destitute condition. If, nothwithstanding the desertion, the wants of the child be provided for by others, the statutory crime of abandonment is not made out.” Mays v. State, 123 Ga. 507, and eit.
2. The evidence in this case established the fact of desertion, but not destitution. A new trial should, therefore, have been granted.
Judgment reversed.
All the Justices concur. J. P. Highsmith, for…
2Cases cited1 opinion
- Mays v. StateSupreme Court of Georgia · 1905
3Cited by4 opinions
- State v. LangfordOregon Supreme Court · 1918
- State v. BessUtah Supreme Court · 1913
- Jackson v. StateCourt of Appeals of Georgia · 1907
- Donaghy v. StateSupreme Court of Delaware · 1917