Legal Opinion

Miller v. State

Court of Appeals of Georgia

Decided October 10, 1911No. 3584PublishedCited by 10 opinions

Accusation of adultery; from city court of Eeidsville — Judge Collins. May 29, 1911.

1Opinion of the CourtPowell, J.

1. In a prosecution for adultery, the fact that the alleged participants were, respectively, a married man and a married woman may be shown, either directly or circumstantially. The fact of the marriage may be at least prima facie shown by any of the following methods: by proof of general repute in family (Civil Code (1910), § 5764) ; by proof of general reputation in tht; community (Drawdy v. Hesters, 130 Ga. 161 (1), 60 S. E. 451, 15 L. R. A. (N. S.) 190; Clark v. Cassidy, 62 Ga. 407; Wood v. State, 62 Ga. 406) ; by proof of the fact that the man or the woman, as the case may be, lives…

2Cases cited3 opinions

  1. Drawdy v. HestersSupreme Court of Georgia · 1908
  2. Clark v. CassidySupreme Court of Georgia · 1879
  3. Wood v. StateSupreme Court of Georgia · 1879

3Cited by10 opinions

  1. Lefkoff v. SicroSupreme Court of Georgia · 1939
  2. State v. SaykoIdaho Supreme Court · 1923
  3. Plummer v. StateCourt of Appeals of Georgia · 1921
  4. State v. PoulosIdaho Supreme Court · 1922
  5. Freeman v. StateCourt of Appeals of Georgia · 1940

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