Shelton v. State

Court of Appeals of Georgia

Shelton v. State

91 S.E. 923, 19 Ga. App. 618, 1917 Ga. App. LEXIS 261

CourtCourt of Appeals of Georgia

DecidedMarch 23, 1917

Docket8418

StatusPublished

Cited by2 cases

This text of 91 S.E. 923 (Shelton 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

Shelton v. State, 91 S.E. 923, 19 Ga. App. 618, 1917 Ga. App. LEXIS 261 (Ga. Ct. App. 1917).

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Opinion

Luke, J.

A father who, within this State, wilfully and voluntarily abandons his child before it is born, and persists in the abandonment after-wards, leaving it in a dependant condition, is guilty of a misdemeanor under section 116 of the Penal Code of 1910, but a father is not guilty under that section unless the child has been born. Accordingly, no offense was set out in an indictment charging the defendant with abandoning his minor child “not yet born;” and the court erred in overruling the demurrer thereto. Bull v. State, 80 Ga. 704 (6 S. E. 178); Boyd v. State, 18 Ga. App. 623 (89 S. E. 1091).

Judgment reversed.

Wade, O. J., and George, J., concur.

Indictment for .abandonment of child; from Bartow superior court—Judge Tarver. January 10, 1917.

M. B. Eubanks, for plaintiff in error. J. M. Lang, solicitor-general, contra.

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Luke, J.

A father who, within this State, wilfully and voluntarily abandons his child before it is born, and persists in the abandonment after-wards, leaving it in a dependant condition, is guilty of a misdemeanor under section 116 of the Penal Code of 1910, but a father is not guilty under that section unless the child has been born. Accordingly, no offense was set out in an indictment charging the defendant with abandoning his minor child “not yet born;” and the court erred in overruling the demurrer thereto. Bull v. State, 80 Ga. 704 (6 S. E. 178); Boyd v. State, 18 Ga. App. 623 (89 S. E. 1091).

Judgment reversed.

Wade, O. J., and George, J., concur.

Indictment for .abandonment of child; from Bartow superior court—Judge Tarver. January 10, 1917.

M. B. Eubanks, for plaintiff in error. J. M. Lang, solicitor-general, contra.

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Bluebook (online)

91 S.E. 923, 19 Ga. App. 618, 1917 Ga. App. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelton-v-state-gactapp-1917.

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