4470 | Ga. Ct. App. | Mar 18, 1913

Russell, J.

1. A judgment for alimony is not necessarily a bar to a prosecution for abandonment.

2. Without reference to the effect’ generally of a judgment for alimony upon a prosecution for abandonment, a judgment for alimony against the accused and in favor of his wife and children would constitute no defense where it appeared that after the rendition of such judgment he abandoned his children, leaving them in a dependent condition, and failed to comply with the judgment. While it appears in the present case that the accused partially satisfied the judgment for alimony, there was evidence that he had not paid the judgment in full, and that he had abandoned his children, leaving them at that time in a dependent condition. Judgment affirmed.

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