Wilkins v. State

Townsend, Judge.

1. The refusal of the court to direct a verdict cannot be made the subject matter of an assignment of error in the reviewing court. Nalley v. State, 11 Ga. App. 15 (7) (74 S. E. 567); Johnson v. State, 75 Ga. App. 581 (1) (44 S. E. 2d 149). Accordingly the special grounds of the motion for new trial are without merit.

2. On a trial for incestuous adultery or fornication, the marital status of the defendant is one of the elements of the crime (Cook v. State, 11 Ga. 53, 56 Am. D. 410), and should accordingly be supported by proof. However, in the absence of any breath of…