Burns v. State

Smith, Justice.

Charles Burns was accused of the offense of child abandonment, OCGA § 19-10-1 (Code Ann. § 74-9902). He denied paternity and moved for funds to pay for a blood test, as he was an indigent. His motion was denied and the case proceeded to trial. The court, pursuant to OCGA § 19-10-1 (i) (Code Ann. § 74-9902), charged the jury as to three possible verdicts — guilty, not guilty, or “not guilty because he is not the father of the child.” The jury returned a verdict of simply “not guilty,” and now Burns appeals, contending that it was error to overrule his motion for funds for a…