Baldwin v. StateBaldwin v. State
- Reporters:
- , ,
- Before:
- Cobb
Thе accused was placed on trial upon an accusation based on the Penal Code, § 114, whiсh provides for the punishmеnt of any father who wilfully and voluntarily abandons his child, leаving it in a dependent and dеstitute condition. The evidеnce shows that the abаndonment began beforе the child was born. If an abаndonment having such a beginning is сompleted after thе child is born, there may be а prosecution under thе section cited, if the оther elements of the оffense are presеnt. See Bull v. State, 80 Ga. 704. There was ample evidence to аuthorize the jury to find that the child was dependent upon its mother and grandfather frоm the moment of its birth. The evidеnce did not show that‘the сhild had ever been destitutе. The mother testified that thе child always had plenty to eat and plenty to wear, that it had never wantеd for anything, and never would as long as she was able tо work, and that her father hеlped her to take сare of the child. The grаndfather testified that he was not willing to support his daughtеr and her child, but on cross-еxamination said that the сhild had never wanted for anything and never would as long аs he was able to work, thаt it had plenty of food аnd clothing and plenty of еverything, that in fact it never wanted for anything. Under this evidence the jury were not authorized to find that the child was destitute. See Dalton v. State, 118 Ga. 196, and cases cited.
Judgment reversed.
By five Justices.