Powers v. State
Supreme Court of Georgia
Criminal Law. Before Judge Hopkins. DeKalb Superior Court. April Term, 1871. Powers, alone, was charged with “ incestuous fornication,” in that, on the, etc., being an unmarried man, he had carnal knowledge of Amanda Powers, an unmarried female, who was his sister. Upon arraignment, he demurred to the indictment upon the ground that said offense is a joint offense, and no provision was made by law for a separate indictment therefor. The demurrer was overruled.
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Criminal Law. Before Judge Hopkins. DeKalb Superior Court. April Term, 1871. Powers, alone, was charged with “ incestuous fornication,” in that, on the, etc., being an unmarried man, he had carnal knowledge of Amanda Powers, an unmarried female, who was his sister. Upon arraignment, he demurred to the indictment upon the ground that said offense is a joint offense, and no provision was made by law for a separate indictment therefor. The demurrer was overruled. On the trial Amanda Powers testified substantially as follows: She lived now with her brother-in-law, Reeves, but in 1869 lived with…
1Opinion of the Court
McCay, Judge.
1. Nothing can be plainer than that the crime of incestuous fornication is, by our statute, not a joint offense. The words are, “any person, who shall commit incestuous fornication.” By what rule of construction this can be made to mean, “ if any two persons shall,” etc., we are unable to see. The very next section of the Code, section 4460, punishing fornication and adultery, does make a joint offense, and uses very different language. “ Any man and woman who shall,” etc. It is hardly supposable that language so different should be used in almost the same sentence without a…
2Cited by7 opinions
- Richardson v. StateSupreme Court of Georgia · 1987
- Smith v. StateSupreme Court of Georgia · 1925
- Sikes v. StateSupreme Court of Georgia · 1898
- People v. FryeMichigan Supreme Court · 1929
- Kendrick v. StateSupreme Court of Georgia · 1897
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