Legal Opinion
Mays v. State
Supreme Court of Georgia
Decided July 17, 1905PublishedCited by 4 opinions
Accusation of abandoning child. Before Judge Clark. City-court of Forsyth. May 4, 1905.
1Opinion of the CourtCandler, J.
Under repeated rulings of this court, in order to constitute the crime of abandonment as defined in the Penal Code, § 114, it is necessary that the child shall be not only deserted but left in a destitute condition. If, notwithstanding the desertion, the wants of the child be provided for by others, the statutory crime of abandonment is not made out. McDaniel v. Campbell, 78 Ga. 188; Jemmerson v. State, 80 Ga. 111; Crow v. State, 96 Ga. 297; Dalton v. State, 118 Ga. 196.
Judgment reversed.
All the Justices concur, except Simmons, C. J., absent.
2Cases cited4 opinions
- Jemmerson v. StateSupreme Court of Georgia · 1888
- McDaniel v. CampbellSupreme Court of Georgia · 1886
- Dalton v. StateSupreme Court of Georgia · 1903
- Crow v. StateSupreme Court of Georgia · 1895
3Cited by4 opinions
- In Re Adoption of WalpoleAppellate Court of Illinois · 1955
- State v. ConstableWest Virginia Supreme Court · 1922
- Williams v. StateSupreme Court of Georgia · 1906
- Donaghy v. StateSupreme Court of Delaware · 1917