Legal Opinion

Wooten v. Wilkins

Supreme Court of Georgia

Decided June 15, 1869PublishedCited by 5 opinions

Dying declarations. Motion for new trial. Before Judge Green. Spalding Superior Court. February Term, 1869. Wooten brought case against Wilkins for the seduction of his minor daughter, averring that she bore a child begotten by Wilkins, and she and the child died, and that thereby he lost her services and that of her mother, (in waiting upon her and the child,) and paid physician’s bills> traveling expenses, burial expenses, etc.

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Dying declarations. Motion for new trial. Before Judge Green. Spalding Superior Court. February Term, 1869. Wooten brought case against Wilkins for the seduction of his minor daughter, averring that she bore a child begotten by Wilkins, and she and the child died, and that thereby he lost her services and that of her mother, (in waiting upon her and the child,) and paid physician’s bills> traveling expenses, burial expenses, etc. All the facts as averred, were proved, except that she was seduced, and that Wilkins was the seducer. Upon these points the following circumstantial evidence was…

1Opinion of the CourtMcCay, J.

We will not disturb the verdict in this case. There may be some reason from the testimony to think that the defendant is the guilty party, but, as we have had occasion frequently of late, to remark, this Court is no jury, nor does it have jurisdiction over questions of facts decided by a jury, unless that decision be so manifestly wrong as to make it illegal. This is not such a case, the testimony is not decided and clear either way, and the jury might well have found as they did.

1. Our brother Irwin, who argued this case, took a deep interest, as was right, in seeking the punishment of one,…

2Cases cited1 opinion

  1. Wilson v. BoeremNew York Supreme Court · 1818

3Cited by5 opinions

  1. CHRYSLER MOTORS CORPORATION v. DavisSupreme Court of Georgia · 1970
  2. Montgomery v. StateIndiana Supreme Court · 1881
  3. Thurston v. FritzSupreme Court of Kansas · 1914
  4. Moore v. Atlanta Transit System, Inc.Court of Appeals of Georgia · 1961
  5. Moore v. Atlanta Transit System, Inc.Court of Appeals of Georgia · 1961

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