Wasden v. State
Supreme Court of Georgia
Indictment j for adultery and fornication, in Jefferson Superior Court. Tried before Judge Holt, June Term, 1855. Bryant J. Wasden was indicted for the offence of “ adultery and fornication.” On the trial, a motion was made to quash the indictment, on the ground that this offence could not be charged against one person. The Court refused the motion, and Counsel for prisoner excepted.
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Indictment j for adultery and fornication, in Jefferson Superior Court. Tried before Judge Holt, June Term, 1855. Bryant J. Wasden was indicted for the offence of “ adultery and fornication.” On the trial, a motion was made to quash the indictment, on the ground that this offence could not be charged against one person. The Court refused the motion, and Counsel for prisoner excepted. After the evidence was closed, the Counsel for defendant requested the Court to charge — 1st. That the circumstances of the case should not only be consistent with guilt, hut inconsistent with any other rational…
1Opinion of the Court
*265 By the Court.
Benning, J.
delivering the opinion.
Can a single person he indicted for adultery and fornication ?’ Section five of the tenth division of the Penal Code is as-follows: “Any man and woman who shall live together in a state of adultery or fornication, or of adultery and fornication,, or who shall otherwise commit adultery or fornication, or adultery and fornication, shall he severally indicted, and on conviction, such offenders shall be severally fined or imprisoned,” &c.
[1.] The offences here prohibited are all joint offences. Each is the offence of a man and woman acting jointly.…
2Cases cited1 opinion
- Giles v. StateSupreme Court of Georgia · 1849
3Cited by7 opinions
- Sutton v. StateSupreme Court of Georgia · 1906
- Pedigo v. Celanese Corp. of AmericaSupreme Court of Georgia · 1949
- Roura v. StateCourt of Appeals of Georgia · 1994
- Kendrick v. StateSupreme Court of Georgia · 1897
- City of Stanberry v. O'NealMissouri Court of Appeals · 1912
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