Foster v. State
Supreme Court of Georgia
Indictment, Adultery, etc. Before Judge Harrell, Randolph Superior Court, May Term, 1870. The indictment charged that “the said James A. Foster, a married man, and said Nancy Bigby, being a single woman, on the 28th day of October, in the year 1869, and on divers other days and times before and since that time, in the county aforesaid, did, then and there, unlawfully, and with force and *arms, commit adultery and fornication, by then and there cohabiting and having sexual…
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Indictment, Adultery, etc. Before Judge Harrell, Randolph Superior Court, May Term, 1870. The indictment charged that “the said James A. Foster, a married man, and said Nancy Bigby, being a single woman, on the 28th day of October, in the year 1869, and on divers other days and times before and since that time, in the county aforesaid, did, then and there, unlawfully, and with force and *arms, commit adultery and fornication, by then and there cohabiting and having sexual intercourse together and with each other,” contrary to the law, etc. Counsel for Foster moved to quash the indictment,…
1Opinion of the CourtMcCAY, J.
Section 4460 of the Revised Code, prescribing the penalty for adultery and fornication, or adultery or fornication, distinctly provides that the defendants shall be “severally” indicted. It is a distinct offense in each. In fact, one may be *584guilty of adultery and the other of fornication; and though the punishment is the same,- yet the law, as well as the lexicographers, 'give a distinct name to each offense. Indeed, the moral guilt of the one married is greater than that of the one unmarried. Whether the distinct provision of the Code requiring several indictments is wise or not, is…
2Cited by4 opinions
- Sutton v. StateSupreme Court of Georgia · 1906
- Kirkland v. StateSupreme Court of Florida · 1923
- Barlow v. StateSupreme Court of Georgia · 1906
- Kendrick v. StateSupreme Court of Georgia · 1897