GADDIS v. STATE

70253.

176 Ga. App. 526 (1985)

336 S.E.2d 587

GADDIS v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied October 23, 1985.


Attorney(s) appearing for the Case

C. Michael Abbott, for appellant.

Arthur E. Mallory III, District Attorney, Peter Skandalakis, Assistant District Attorney, for appellee.


SOGNIER, Judge.

Appellant was convicted of cruelty to children and contends on appeal the trial court erred by failing to define "malice," an essential element of the offense. Appellant argues that the failure to give such a definition was harmful as it encompassed his only defense, i.e., that the victim's injury was accidental. We do not agree.

OCGA § 16-5-70 (b) provides: "Any person commits the offense of cruelty to children when he maliciously causes...

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