Joseph v. State

Banke, Judge.

The defendant was convicted of abandonment of an illegitimate child. His defense was lack of paternity. Held:

1. The contention that the court erred in allowing the state to exhibit the child to the jury is without merit. See Sims v. State, 16 Ga. App. 211 (2) (84 SE 976) (1915); Hunt v. State, 101 Ga. App. 126 (1) (112 SE2d 817) (1960). The defendant’s reliance upon McCalman v. State, 121 Ga. 491 (49 SE 609) (1904) is misplaced. There, the testimony of a witness that the child resembled the defendant was proscribed, not a physical presentment.

2. Error is urged in the overruling…