Starke v. State
Supreme Court of Georgia
Accusation of adultery. Before Judge Proffitt. Oity court of Elbert county. March term, 1895. Anderson Stárlte was tried upon an accusation sworn to by Alice Starke, charging him with adultery with Bachel Edwards, a married woman. Ampy Eldridge testified that he and Bachel Eldridge were man and wife, but were living separately; and that defendant claimed Alice Starke, the prosecutrix, as his wife, and they did live together as man and wife.
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Accusation of adultery. Before Judge Proffitt. Oity court of Elbert county. March term, 1895. Anderson Stárlte was tried upon an accusation sworn to by Alice Starke, charging him with adultery with Bachel Edwards, a married woman. Ampy Eldridge testified that he and Bachel Eldridge were man and wife, but were living separately; and that defendant claimed Alice Starke, the prosecutrix, as his wife, and they did live together as man and wife. Wilhite testified, that he had defendant and Bachel Edwards (pointing out Bachel Eldridge, and saying he thought her name was Bachel Edwards) employed on…
1Opinion of the CourtAtkinson, J.
1. Whether an accusation in a city court charging a married man with adultery would or would not be' invalid because founded upon an affidavit made by his wife, yet where it does not appear on the face either of the accusation or the affidavit that the prosecutrix was the wife of the accused, the objection to the accusation could not be made by demurrer before trial or by motion in arrest of judgment after conviction.
2. There was sufficient evidence to warrant the verdict of guilty, and the same having -been approved by the trial judge, a new trial will not be granted. • Judgment affirmed.
2Cited by8 opinions
- Johnson v. StateCourt of Appeals of Georgia · 1965
- Sutton v. StateSupreme Court of Georgia · 1906
- State v. RichardsonIdaho Supreme Court · 1935
- Johnson v. JohnsonSupreme Court of Georgia · 1962
- MacK v. MacKSupreme Court of Georgia · 1975
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