Williams v. State

Decided November 9, 1906

Supreme Court of Georgia · decided 1906-11-09

Indictment for abandonment of child. Before Judge Clements. City court of Eastman. September 12, 1906. Williams was convicted under an indictment charging him with having abandoned his child, leaving her in a dependent and destitute condition. He moved for a hew trial, on the grounds that the verdict was contrary to law and the evidence; the motion was overruled, and he excepted.

Cited by 4 later decisions — most recently December 1918

4 state decisions

Relies on Watts v. Mayor of Forsyth

Good law ✅— No negative treatment on recordhow we know

Decided 1906-11-09

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Cobb, P. J.

¶11. “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, nothwithstanding the desertion, the wants of the child be provided for by others, the statutory crime of abandonment is not made out.” Mays v. State, 123 Ga. 507, and eit.

¶22. The evidence in this case established the fact of desertion, but not destitution. A new trial should, therefore, have been granted.

¶3Judgment reversed.

All the Justices concur.J. P. Highsmith, for plaintiff in error.G. W. Griffin, solicitor, contra.