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FUNDERBURK v. STATE

35445.

91 Ga. App. 373 (1955)

85 S.E.2d 640

FUNDERBURK v. THE STATE.

Court of Appeals of Georgia.

Decided January 19, 1955.

Attorney(s) appearing for the Case

Charles W. Smith, for plaintiff in error.

Jeff C. Wayne, Solicitor-General, contra.

CARLISLE, J.

There are two essential elements in the offense of abandonment of minor children: (1) desertion, that is, the wilful forsaking and desertion of the duties of parenthood; (2) dependency, that is, leaving such children in a dependent condition; and before a parent may be convicted of this offense, under the provisions of Code (Ann. Supp.) § 74-9902, there must be proof of both elements. Blackwell v. State, 48 Ga.App. 221 (172 S. E. 670...

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