Legal Opinion

Brown v. State

Supreme Court of Georgia

Decided March 24, 1905PublishedCited by 15 opinions

Indictment for misdemeanor. Before Judge Crisp. City court of Americus. February 11, 1905. A special presentment against Henry Brown charged that on December 7, 1904, he did wilfully and voluntarily abandon his two minor children, aged 10 and 8 years respectively, leaving them in a dependent and destitute condition. From the evidence it appeared, that Brown left his wife and children about a year or two before, but would come back to see them occasionally.

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Indictment for misdemeanor. Before Judge Crisp. City court of Americus. February 11, 1905. A special presentment against Henry Brown charged that on December 7, 1904, he did wilfully and voluntarily abandon his two minor children, aged 10 and 8 years respectively, leaving them in a dependent and destitute condition. From the evidence it appeared, that Brown left his wife and children about a year or two before, but would come back to see them occasionally. After he left them his wife worked and supported them for a while. She owned no property. He never brought anything for them to eat or…

1Opinion of the CourtLamar, J.

A child is entitled to care, protection, and support from its father. But it may be that he is necessarily separated from his family. If under such circumstances, through the medium of money or otherwise, he provides, as far as possible, a substitute for himself, and for the care, protection, food, and clothing which he would presumptively furnish if present, the statute is-not violated by his absence. If after having lawfully left his-family, and furnished money and arranged for their care and protection, he should wilfully and voluntarily discontinue what he-had been doing, and if as a…

2Cases cited2 opinions

  1. Bennefield v. StateSupreme Court of Georgia · 1888
  2. Bull v. StateSupreme Court of Georgia · 1888

3Cited by15 opinions

  1. Phelps v. StateCourt of Appeals of Georgia · 1911
  2. Cleveland v. StateCourt of Appeals of Georgia · 1910
  3. In Re Adoption of WalpoleAppellate Court of Illinois · 1955
  4. Bailey v. StateSupreme Court of Georgia · 1958
  5. Adams v. StateWisconsin Supreme Court · 1916

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