Legal Opinion

Cook v. State

Supreme Court of Georgia

Decided January 15, 1852No. 10PublishedCited by 37 opinions

Indictment for incestuous adultery, in Marion Superior Court. Tried before Judge Iverson, September Term, 1851. The indictment in’ this case alleged, that “ George W. Cook, being a married man, in the County and State aforesaid, on the first day of May, in the year 1851, and on divers other days and times, before and after that day, did, then and there (and on said other days and times) commit divers acts of incestuous adultery, by cohabiting and having sexual intercourse…

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Indictment for incestuous adultery, in Marion Superior Court. Tried before Judge Iverson, September Term, 1851. The indictment in’ this case alleged, that “ George W. Cook, being a married man, in the County and State aforesaid, on the first day of May, in the year 1851, and on divers other days and times, before and after that day, did, then and there (and on said other days and times) commit divers acts of incestuous adultery, by cohabiting and having sexual intercourse with one Lucinda Cook, an unmarried woman; she the said Lucinda Cook, being then and there, the daughter of him, the said…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The indictment in this case was sought to be quashed, upon the ground “ that it does not aver that Lucinda Cook was the legitimate daughter, of the whole blood, of the defendant, by her mother, to whom he was legally married.” The motion to quash, was, as we believe, properly overruled by the presiding Judge. The rule of this Court, as to setting out the offence, is well settled: it is the rule which tb a Legislature has prescribed. If the indictment charges the offence in the language of the Code creating it, or so plainly and distinctly,…

2Cases cited6 opinions

  1. Commonwealth v. NorcrossMassachusetts Supreme Judicial Court · 1813
  2. State v. RoswellSupreme Court of Connecticut · 1827
  3. Respublica v. RobertsSupreme Court of the United States · 1791
  4. Respublica v. RobertsSupreme Court of Pennsylvania · 1791
  5. Forney v. HallacherSupreme Court of Pennsylvania · 1822

1 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. State v. BriggsSupreme Court of Iowa · 1886
  2. Lipham v. StateSupreme Court of Georgia · 1906
  3. State v. HughesSupreme Court of Kansas · 1886
  4. Lyles v. StateSupreme Court of Georgia · 1959
  5. Glisson v. StateCourt of Appeals of Georgia · 1988

32 more not listed; retrieve them via the Exa API.

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