# Garrison v. State

> Alabama Court of Appeals · March 27, 1917 · 15 Ala. App. 596

URL: https://www.frixlaw.com/law-library/cases/3230955

## Case

- **Full name:** Garrison v. the State
- **Court:** Alabama Court of Appeals
- **Decided:** March 27, 1917
- **Citations:** 15 Ala. App. 596; 74 So. 726; 1917 Ala. App. LEXIS 51
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3230955

## Opinion text

BROWN, P. J.
The appellant was convicted of the offense denounced by section 6212 of Code 1907. The evidence shows that the girls alleged to have been decoyed away from their father’s custody were 13, 15, and 16 years of age; and appellant’s only contention is that neither of these girls was á child within the meaning of this section of the Code. Its language is that: “Any person who unlawfully takes or decoys away any child with intent to detain or conceal it from its parents, guardian,.
*597
or other person having the lawful charge of it, or who unlawfully detains any child from its parents, guardian, or other person having lawful charge of it, must, on conviction, be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than two years.”
The purpose of this statute, as its language clearly imports, is to protect the custody of the “parents or guardian or other person having the lawful custody.”
The law imposes on the parent the duty of maintenance, education, and moral training of his offspring; and in order that he may perform this duty, ordinarily, the law guarantees him their custody and control during their minority. — 29 Cyc. 1583, 1584. The lawful custody of the parent, guardian, or other lawful custodian of any young person that has not reached his or her majority is within the protection of this statute. The word “child” or “children,” when used irrespective of parentage, may denote that class of-persons-under the age of
majority.
— Miller
v. Finnegan,
26 Fla. 29 , 7 South. 140 , 6 L. R. A. 813.
This disposes of the only question presented adverse to appellant’s contention, and the judgment of the trial court will be affirmed.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3230955. Public record. Not legal advice.