Irby v. State

“Any person who shall forcibly, maliciously, or fraudulently lead, take, or carry away, or decoy or entice away, any child under the age of eighteen years from its parent or guardian, or against his will, or without his consent, shall be guilty of kidnapping.” Code, § 26-1602. This section prescribes two offenses, to wit: (1) where the child has a parent or guardian, and (2) where the child has neither. Gravett v. State, 74 Ga. 191. In the former, the crime is against the parent. It is the fraudulent deprivation of the parent of his right to the custody and dominion of his child, and the…