Legal Opinion

Yother v. State

Supreme Court of Georgia

Decided May 10, 1904PublishedCited by 9 opinions

Indictment for incest. Before Judge Fite. Murray superior court. February 27,1904.

1Opinion of the Court

Simmons, C. J,

The accused was charged with having committed acts of-incestuous-adultery with his own daughter. She swore positively to his guilt. There was absolutely nothing to corroborate her testimony. “ A woman who knowingly and wilfully consents to an act of sexual intercourse which is incestuous is an accomplice of the man, and her uncorroborated testimony is not sufficient to sustain a verdict convicting him of incestuous adultery.” Solomon v. State, 113 Ga. 192. It was argued that in this case the woman did not knowingly and wilfully consent and was therefore not an accomplice. Under…

2Cases cited2 opinions

  1. Raiford v. StateSupreme Court of Georgia · 1882
  2. Solomon v. StateSupreme Court of Georgia · 1901

3Cited by9 opinions

  1. Baker v. StateSupreme Court of Georgia · 1980
  2. Porter v. TerrellCourt of Appeals of Georgia · 1907
  3. State v. FoustUtah Supreme Court · 1978
  4. Mosley v. StateCourt of Appeals of Georgia · 1941
  5. Wilkins v. StateCourt of Appeals of Georgia · 1958

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