Taylor v. State

Decision Date15 July 1920
Docket Number11505.
Citation103 S.E. 740,25 Ga.App. 500
PartiesTAYLOR v. STATE.
CourtGeorgia Court of Appeals

Syllabus by the Court.

"The offense charged in Penal Code, § 110, is complete if it be shown that the accused fraudulently decoyed or enticed away a child under the age of 18 years against the will of both of his parents and without the consent of either of such parents, even though it be not shown that the accused either forcibly or maliciously did lead, take, or carry away the child in question. It is sufficient, to authorize conviction of this offense, if it be shown that the child in question was decoyed or enticed away from parental control without the consent of the parent." Arrington v. State, 3 Ga.App. 30, 59 S.E. 207 (2). If there be any conflict between this ruling and the decision in Hendon v State, 10 Ga.App. 78, 72 S.E. 522, the older adjudication must be followed.

The evidence, together with the legal inferences and deductions arising therefrom, authorized the jury to find that the defendant and another person conspired together to fraudulently decoy or entice away a girl under the age of 18 years from her parents without their consent, in violation of section 110 of the Penal Code of 1910, and that subsequently this conspiracy was actually carried out. Under the well-settled rule that, where two or more persons enter into a conspiracy to do an unlawful thing, the act of any one of the conspirators, in furthering the conspiracy, is the act of all of the...

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2 cases
  • Tweedy v. State
    • United States
    • Georgia Court of Appeals
    • February 10, 1940
    ... ... question. It is sufficient, to authorize conviction of this ... offense, if it be shown that the child in question was ... decoyed or enticed away from parental control without the ... consent of the parent." Arrington v. State, 3 ... Ga.App. 30(2), 59 S.E. 207; Taylor v. State, 25 ... Ga.App. 500(1), 103 S.E. 740. Under the foregoing ruling and ... the facts of the instant case, the conviction of the ... defendant was amply authorized ...           The ... sole special ground of the motion for new trial alleges that ... the court ... [7 S.E.2d ... ...
  • Taylor v. State
    • United States
    • Georgia Court of Appeals
    • July 15, 1920

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