Cunningham v. State

Court of Appeals of Georgia

Cunningham v. State

78 S.E. 780, 13 Ga. App. 80, 1913 Ga. App. LEXIS 45

CourtCourt of Appeals of Georgia

DecidedJuly 8, 1913

Docket4969

StatusPublished

This text of 78 S.E. 780 (Cunningham v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cunningham v. State, 78 S.E. 780, 13 Ga. App. 80, 1913 Ga. App. LEXIS 45 (Ga. Ct. App. 1913).

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Opinion

Hill, C. J.

1. Where,- on the trial of an accusation under section 116 of the Penal Code, which makes it a misdemeanor for a father wilfully and voluntarily to abandon his child, leaving it in a dependent condition, the sole issue was as to his marriage to the mother, she was a competent witness to prove not only the abandonment, but also the marriage. Murphy v. State, 50 Ga. 150.

2. Where a marriage in this State is in question on a trial for violation of section 116 of the Penal Code, proof by one witness of the marriage in fact is sufficient, without evidence as to the authority of the person officiating, or of a compliance with the statutory requirements on the subject of marriage. Dale v. State, 88 Ga. 552, 556 (15 S. E. 287).

3. No specific error of law is complained of, and the evidence supports the verdict. Judgment aflvrmed.

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Hill, C. J.

1. Where,- on the trial of an accusation under section 116 of the Penal Code, which makes it a misdemeanor for a father wilfully and voluntarily to abandon his child, leaving it in a dependent condition, the sole issue was as to his marriage to the mother, she was a competent witness to prove not only the abandonment, but also the marriage. Murphy v. State, 50 Ga. 150.

2. Where a marriage in this State is in question on a trial for violation of section 116 of the Penal Code, proof by one witness of the marriage in fact is sufficient, without evidence as to the authority of the person officiating, or of a compliance with the statutory requirements on the subject of marriage. Dale v. State, 88 Ga. 552, 556 (15 S. E. 287).

3. No specific error of law is complained of, and the evidence supports the verdict. Judgment aflvrmed.

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Bluebook (online)

78 S.E. 780, 13 Ga. App. 80, 1913 Ga. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-state-gactapp-1913.

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