Waters v. State, 37714
| Decision Date | 09 June 1959 |
| Docket Number | No. 2,No. 37714,37714,2 |
| Citation | 99 Ga.App. 727,109 S.E.2d 847 |
| Parties | J. V. WATERS v. STATE |
| Court | Georgia Court of Appeals |
Lawson E. Thompson, Washington, Ga., for plaintiff in error.
J. Cecil Davis, Sol. Gen., Warrenton, Walton Hardin, Washington, Ga., for defendant in error.
Syllabus Opinion by the Court
1. Parrish v. State, 10 Ga.App. 836, 838, 74 S.E. 445, 446. See also Hunt v. State, 93 Ga.App. 84, 91 S.E.2d 133.
2. On the trial of a criminal case the jury may accept or reject any part of the defendant's statement uncorroborated by other evidence as it may desire. Oppenheim v. State, 12 Ga.App. 480(2), 77 S.E. 652. Code, § 38-415.
3. The statement of this defendant on trial for the offense of abandonment of his minor child would, had the jury chosen to believe it, have established a complete defense. Disregarding such statement, however, the uncontradicted evidence showed the following: the prosecutrix and the defendant had been divorced for about a year and apparently no provision was made by the divorce decree for custody of their son who was about 16 years of age at the time; the boy elected to live with his mother; the mother fed and clothed him, sent him to school, and provided him with pocket money; the defendant gave the boy an overcoat for Christmas, arranged for him to have a charge account at a local restaurant which he used on occasion, and 'occasionally he has given him a dollar along, spending money, but he hasn't contributed anything to his support.' The primary obligation to support a child until it reaches majority remains, as it did at common law, upon the father. Logue v. State, 94 Ga.App. 777, 96 S.E.2d 209. The defendant in this case did, by providing the charge account at the restaurant, assure that his son would have food. However, Code § 74-9902 provides that the child...
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