74 Ga. 191 | Ga. | 1884
The court charged the jury that kidnapping, under this section of the Code, was the forcible, malicious or fraudulent leading, taking or carrying away, or decoying or enticing away, any. child under the age of eighteen years from its parent or guardian, or against his, her or their will or wills, or without his, her or their consent or consents, and that if the state proved, beyond a 'reasonable doubt, that the defendant, in the county of Carroll, on the day named in the indictment, fraudulently took, led or carried away, or decoyed or enticed away, the daughter of the prosecutor, she being a child under-eighteen years of age, without the consent and against the will of her parent, that they might find him guilty; that the offense consisted in the purpose of the defendant to deprive the parent of his dominion, power, custody and control over his child, and to substitute his own power, custody and control over her for that of her father; that when this was done, the crime was complete; but .that it was incumbent upon the state to show all these material facts before a conviction could take place.
■ To this charge the defendant excepted, and assigns as error that the offense is not complete, unless it was also alleged and proved that the child kidnapped was fraudulently enticed and decoyed away against her own will and
Judgment affirmed.