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FAIRBANKS v. STATE

39091.

105 Ga. App. 27 (1961)

123 S.E.2d 319

FAIRBANKS v. THE STATE.

Court of Appeals of Georgia.

Decided December 5, 1961.

Attorney(s) appearing for the Case

Stafford R. Brooke, for plaintiff in error.

Earl B. Self, Solicitor-General, contra.

FRANKUM, Judge.

Code Ann. § 74-9902 provides in part: "If any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor."

"There are two elements in the offense of abandonment of child: (a) desertion, that is, the wilful forsaking and desertion of the...

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