Gaddis v. State

Sognier, Judge.

Appellant was convicted of cruelty to children and contends on appeal the trial court erred by failing to define “malice,” an essential element of the offense. Appellant argues that the failure to give such a definition was harmful as it encompassed his only defense, i.e., that the victim’s injury was accidental. We do not agree.

OCGA § 16-5-70 (b) provides: “Any person commits the offense of cruelty to children when he maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.” As pointed out by appellant in his brief “malice,” in the legal…