Durden v. State
Supreme Court of Georgia
0 Indictment for incest. Before Judge Evans. Motion for new trial overruled by Judge Daley. Emanuel superior court. June 6, -1904. The accused, a married man, was indicted for incestuous adultery with his brother’s unmarried daughter.
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0 Indictment for incest. Before Judge Evans. Motion for new trial overruled by Judge Daley. Emanuel superior court. June 6, -1904. The accused, a married man, was indicted for incestuous adultery with his brother’s unmarried daughter. She testified, that the intercourse took place on the 22d of February, 1902, at his house, to which he had taken her from the home of her parents, for a ten -days’ visit; that it occurred the second night of her stay,and that he took her back to her parents the next day, having promised to do so if she would not tell his wife what had happened; ■ that she told…
1Opinion of the CourtSimmons, C. J.
The accused having been convicted of incestuous adultery upon the evidence of the woman with whom he was alleged to have committed the offense, and there having been no sufficient corroboration of her testimony, the verdict was contrary to law and should have been set aside. Yother v. State, 120 Ga. 204.
Judgment reversed.
All the Justices concur, except Evans, J., disqualified. F. S. Saffold, for plaintiff in erroT, cited Ga. R. 52/106; 66/346; 92/584; 110/151 (5); 113/192; 3 Tex. App. 132; 9 Iowa, 582. B. T. Rawlings, solicitor-general, contra, cited Ga. R. 44/215 (4); 52/403 (2); 55/220 (3);…
2Cases cited2 opinions
- State v. WillisSupreme Court of Iowa · 1859
- Yother v. StateSupreme Court of Georgia · 1904
3Cited by3 opinions
- Baker v. StateSupreme Court of Georgia · 1980
- Wilkins v. StateCourt of Appeals of Georgia · 1958
- Jennings v. StateCourt of Appeals of Georgia · 1913