3 Ga. App. 30 | Ga. Ct. App. | 1907
The plaintiff in error was convicted of the offense ■of kidnapping. Three errors are assigned: the overruling of a ■demurrer; a portion of the charge of the court; and that the.verdict was contrary to law, because unsupported by the evidence.
1. There was no error in overruling the demurrer, which was based on the ground that the indictment did not set out the names •of the parents of the boy alleged to have been kidnapped, nor distinctly allege that the hoy was enticed and decoyed away against
2. The charge to which exception was taken is as follows: “I charge you that if the defendant did not forcibly or maliciously or fraudulently lead, take, and carry away Marshall Adams from his parents in this county, against the will of both of them and without the consent of either of them, and did not fraudulently decoy or entice away Marshall Adams from his parents in this county, against.the will of both of them and without the consent of either of them, he could not be convicted of any offense, and should be acquitted.” There is no sufficient assignment of error in the record to enable us to discover the specific error complained of, inasmuch as the court seems to have charged the jury exactly what the plaintiff in error insists should have been charged. But in no view of the case is there any error in the portion of the charge to which exception is taken and which we have quoted.
3. It is insisted that the verdict of guilty is not authorized by the evidence. The testimony in behalf of the State shows that-when the defendant first approached the boy, Marshall Adams, one afternoon and asked him how he would like to go off and take a trip somewhere, the boy told him he did not care anything about, going. The defendant told him, if he would go with him, he would pay all of his expenses, railroad fare, etc., and give him anything in the world he wanted. The defendant kept on after the boy about going, until night, and the boy still insisted that he did not care to go. The next morning the defendant went early to the. boy’s home and repeated his promises of the evening before, and “overpersuaded” him, so that at last the boy told him he would go;, and he went with the defendant. There was evidence in the case, which would have authorized the acquittal of the defendant, but as the truth of the transaction is for the determination of the-jury, the only question presented to us is whether the testimony for the State authorized a conviction. The offense defined in section. 110 of the Penal Code can be committed in several different ways,.