Wood v. State
Supreme Court of Georgia
Criminal law. New trial. Before Judge Grice. Bibb County. At Chambers. July 30, 1878. Reported in the decision. cited 51 Ga., 258; 53 lb., 574; Supplement to 33 Ga., 56; 50 lb., 151; 11 lb., 52; 2 What. Am. Cr.
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Criminal law. New trial. Before Judge Grice. Bibb County. At Chambers. July 30, 1878. Reported in the decision. cited 51 Ga., 258; 53 lb., 574; Supplement to 33 Ga., 56; 50 lb., 151; 11 lb., 52; 2 What. Am. Cr. L., §§2662, 3008; 20 Ga., 442; 17 lb., 356; Hopkins’ Penal Code, §1366; 2 Ga., 579; 44 lb., 450. cited 1 Bish. on Mar. and Div., §§408, 545, 485, 490, 502; 2 76., §§612, 647; Code, §3008; Bish. on Stat. Crimes, “Adultery,”; 23 Ga., 579; 25 76., 477; Phillips on Ev., 289, note 298; Hopkins’ Penal Law, 1366; 2 Gr. on Ev., §§40-44.
1Opinion of the Court
Warner, Chief Justice.
The defendant was indicted in the county court of Bibb county for the offense of “ adultery and fornication,” and upon his trial therefor was found guilty. The defendant presented his petition to the judge of the superior court for a oeriiorari, in which the evidence was set forth, the defendant alleging therein as error that his conviction was contrary to the evidence, and contrary to law. The judge refused to sanction the eertiorcuri, and the defendant excepted.
The main ground of alleged error insisted on here was that the evidence in the record was not sufficient,…
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