Phillips v. State
Court of Appeals of Georgia
Accusation of adultery, etc.; from city court of Nashville — Judge Christian. December 3, 1915. The accusation was in two counts, one charging the defendant with adultery, and the other with adultery and fornication. From the evidence it appeared that he boarded at the home of the woman named in the accusation, while she was living with her husband.
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Accusation of adultery, etc.; from city court of Nashville — Judge Christian. December 3, 1915. The accusation was in two counts, one charging the defendant with adultery, and the other with adultery and fornication. From the evidence it appeared that he boarded at the home of the woman named in the accusation, while she was living with her husband. Iler conduct with the defendant led to disagreements between her and her husband, which culminated in her leaving her husband and the town in- which they resided. On the day on which she left the town the defendant was seen at the railroad-depot…
1Opinion of the CourtWade, J.
I. Where the evidence is wholly circumstantial, and the circumstances relied on to support the verdict do not exclude every other reasonable hypothesis than that of the guilt of the accused, the conviction will be set aside. Penal Code, § 1010. Conceding that all the evidence objected to was properly admitted, the entire record in this case fails to do more than raise a suspicion of guilt on the part of the accused. See Glover v. State, 15 Ga. App. 44 (82 S. E. 602); Bailey v. State, 12 Ga. App. 529 (77 S. E. 652); Seckinger v. State, 11 Ga. App. 797 (76 S. E. 167); Moore v. State, 8 Ga. App.…
2Cases cited7 opinions
- Glover v. StateCourt of Appeals of Georgia · 1914
- Thompson v. StateCourt of Appeals of Georgia · 1908
- Weems v. StateSupreme Court of Georgia · 1890
- Winkles v. StateCourt of Appeals of Georgia · 1908
- Moore v. StateCourt of Appeals of Georgia · 1910
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3Cited by1 opinion
- Bonnett v. StateCourt of Appeals of Georgia · 1921