Legal Opinion

Woodard v. State

Court of Appeals of Georgia

Decided May 2, 1916No. 6865PublishedCited by 5 opinions

Accusation of abandonment of child; from city court of Dublin —Judge Hicks. August 9, 1915. Paragraph 3 of the decision relates to the following grounds of the motion for a new trial: “Because the court erred in permitting the attorney for the State . . to address the following remarks to the defendant while arguing said ease before the jury: ‘'If you have as much manhood in your bones and under skin as an Egyptian mummy, you would support that child/ without reprimanding…

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Accusation of abandonment of child; from city court of Dublin —Judge Hicks. August 9, 1915. Paragraph 3 of the decision relates to the following grounds of the motion for a new trial: “Because the court erred in permitting the attorney for the State . . to address the following remarks to the defendant while arguing said ease before the jury: ‘'If you have as much manhood in your bones and under skin as an Egyptian mummy, you would support that child/ without reprimanding said attorney, forcing him to retract same, or granting mistrial upon motion of counsel, duly made for that purpose, and…

1Opinion of the CourtRussell, C. J.

1. The court did not err in overruling the demurrer to the accusation. In a prosecution under section 116 of the Penal Code, for the abandonment of a child, it is not necessary that the accusation shall allege the sex of the child, or show in what way the child was left in a dependent arid destitute condition, or what the dependency and destitution consisted of. See Daniels v. State, 8 Ga. App. 469 (69 S. E. 588).

(а) The term “child,” as used in such an accusation, imports a legitimate child.

(б) It does not appear from the face of the accusation that the crime eha2-ged was committed after the…

2Cases cited4 opinions

  1. Thompson v. O'ConnorSupreme Court of Georgia · 1902
  2. Daniels v. StateCourt of Appeals of Georgia · 1910
  3. Wallis v. HeardCourt of Appeals of Georgia · 1915
  4. Parker v. StateCourt of Appeals of Georgia · 1907

3Cited by5 opinions

  1. Conley v. StateCourt of Appeals of Georgia · 1917
  2. Western Union Telegraph Co. v. OwensCourt of Appeals of Georgia · 1919
  3. Martin v. StateCourt of Appeals of Georgia · 1931
  4. Pasley v. StateSupreme Court of Georgia · 1960
  5. Mangum v. StateCourt of Appeals of Georgia · 1955

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