Legal Opinion

Seckinger v. State

Court of Appeals of Georgia

Decided November 12, 1912No. 400PublishedCited by 1 opinion

Conviction of living in a state of fornication; from-.city court of Valdosta — Judge Cranford. August 27, 1912. From the evidence it appeared, that in the house in which the accused — a white man — was residing, Malinda Solomon, an unmarried mulatto girl, between seventeen and eighteen years of age, employed as his cook and house servant, lived, with her two children, and there was no Other occupant of the house.

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Conviction of living in a state of fornication; from-.city court of Valdosta — Judge Cranford. August 27, 1912. From the evidence it appeared, that in the house in which the accused — a white man — was residing, Malinda Solomon, an unmarried mulatto girl, between seventeen and eighteen years of age, employed as his cook and house servant, lived, with her two children, and there was no Other occupant of the house. She had been living on the premises about three years, first occupying an outhouse, where her first child was born, and then the kitchen, and finally a small shed-room at the back of…

1Opinion of the CourtHill, C. J.

The evidence in support of the verdict was entirely circumstantial, and, weighed most strongly against the accused, raised only a bare suspicion of his guilt, and was consistent with his innocence. The verdict was therefore unauthorized by law. Winkles v. State, 4 Ga. App. 559 (61 S. E. 1128) ; Thompson v. State, 5 Ga. App. 7 (62 S. E. 571); Moore v. State, 8 Ga. App. 113 (68 S. E. 616).

Judgment reversed.

2Cases cited3 opinions

  1. Thompson v. StateCourt of Appeals of Georgia · 1908
  2. Winkles v. StateCourt of Appeals of Georgia · 1908
  3. Moore v. StateCourt of Appeals of Georgia · 1910

3Cited by1 opinion

  1. Phillips v. StateCourt of Appeals of Georgia · 1916

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