Logue v. State

This case was first assigned to the writer and an opinion was prepared affirming the judgment of the trial court denying the motion for new trial. A dissent developed to the opinion as first prepared and the case was thereupon submitted to the whole court in accordance with Code (Ann. Supp.) § 24-3501. The court instructed the writer to prepare this opinion reversing the trial court.

Code (Ann. Supp.) § 74-9902 provides as follows: “If any father or mother shall wilfully and voluntarily abandon his or her child, leaving it in a dependent condition, he or,she, as the case may be, shall be…