Culpepper v. State

Full title: CULPEPPER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 18, 1969

169 S.E.2d 681 (Ga. Ct. App. 1969)

169 S.E.2d 681

Opinion

44535.

SUBMITTED JUNE 2, 1969.

DECIDED JUNE 18, 1969. REHEARING DENIED JULY 10, 1969.

Abandonment of child. Fulton Superior Court. Before Judge Pye.

J. L. Jordan, for appellant.

Lewis R. Slaton, District Attorney, Tony H. Hight, Hinson McAuliffe, Solicitor, James L. Webb, Thomas E. Moran, Frank A. Bowers, for appellee.

FELTON, Chief Judge.

In the trial of the defendant in the Criminal Court of Fulton County for the offense of abandonment of his minor, illegitimate child, under Ga. L. 1866, p. 151, as amended by Ga. L. 1967, pp. 453, 454 ( Code Ann. § 74-9902), the trial court did not err in admitting in evidence the defendant's plea of guilty on an accusation in the Superior Court of Clayton County eight years prior thereto charging him with abandonment of the same child, since the defendant's plea of not guilty in the later case put in issue the paternity of the child ( Richards v. State, 55 Ga. App. 184 (2) ( 189 S.E. 682)), and since the offense is declared to be a continuing one, a former conviction of which is no bar to further prosecution therefor. While the Richards case, above cited, did not involve the paternity issue, the principle is the same, as stated by way of obiter in that case.

The Superior Court of Fulton County did not err in its judgment overruling the defendant's petition for certiorari.

Judgment affirmed. Pannell and Quillian, JJ., concur.

SUBMITTED JUNE 2, 1969 — DECIDED JUNE 18, 1969 — REHEARING DENIED JULY 10, 1969.