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Mays v. The State

Supreme Court of Georgia1905-07-17
123 Ga. 507

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Candler, 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.