Mitchell v. State
Supreme Court of Georgia
Criminal law. New trial. Evidence. Before Judge Powell. City court of Newnan. April term, 1888. Lucinda Tanner testified positively as to the guilt of defendant and as to the time of the commission of the crime; that she at no other time had intercourse with a man; that from the one time of intercourse with defendant she became pregnant and had a child; that she did not tell her father and mother about the occurrence until about a month or two before her child was born; that…
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Criminal law. New trial. Evidence. Before Judge Powell. City court of Newnan. April term, 1888. Lucinda Tanner testified positively as to the guilt of defendant and as to the time of the commission of the crime; that she at no other time had intercourse with a man; that from the one time of intercourse with defendant she became pregnant and had a child; that she did not tell her father and mother about the occurrence until about a month or two before her child was born; that her father then whipped her lightly because she did not tell him at the time of the act of fornication; and that she…
1Opinion of the Court
Simmons, Justice.
Mitchell was tried and convicted of the offence of fornication with one Lucinda Tanner. The evidence will be found in the official report. A motion was m'ade for *460a new trial, on tbe sole ground that the verdict was contrary to law and the evidence; which was overruled by the court, and he excepted.
¥e have carefully read the testimony in this case, and we see no error in the refusal of the court below to grant a new trial. The witness, Lucinda Tanner, swore positively to the offence, and she was not impeached. There were some slight circumstances going to corroborate her…
2Cases cited2 opinions
- Smith v. StateSupreme Court of Georgia · 1859
- Smith v. StateSupreme Court of Georgia · 1857