41 Ga. App. 499 | Ga. Ct. App. | 1930
The indictment in this ease charged that the defendant Rowell did “forcibly, maliciously, and fraudulently lead, take, carry away and entice away Ruth Bass, a female child under the age of eighteen years, from her parent R. H. Bass, and against the will amdwithout the consent of said R. H. Bass, said R. H. Bass being thenandjihere^-tlie father of said Ruth Bass,” etc. The trial resulted in the defendant’s conviction, and he excepted to the overruling of his motion for a new trial.
The evidence shows that the defendant, a man about twenty-
“Any person who forcibly, maliciously, or fraudulently leads, takes, or carries away, or decoj^s or entices away, any child under the age of eighteen years from its parent or guardian, or against his will, or without his consent, is guilty of kidnapping.” Penal Code (1910), § 110. On an indictment based on this section it is not necessary to prove that the child was “forcibly” or “maliciously” carried away, if it be shown that the child was fraudulently enticed away without the consent or against the will of the parent.
In the only special ground of the motion for a new trial it is insisted that fraud, one of the elements of the crime, was not proved. This is but an amplification of the general grounds, and is without merit. The fact that the parent had permitted the defendant to go with his daughter on a previous occasion, as set out in the special ground of the motion, does not relieve the defendant of criminal liability for carrying her away on the occasion in question, which' the parent testified was without his knowledge or consent and against his will.
The court properly overruled the motion for a new trial.
Judgment affirmed.