McLeland v. State
Supreme Court of Georgia
Adultery, from Scriven county. Decided by Judge Holt, April Term, 1857. The plaintiff in error in this ease was indicted for “ living In a state of adultery and fornication” with Marion Scott.
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Adultery, from Scriven county. Decided by Judge Holt, April Term, 1857. The plaintiff in error in this ease was indicted for “ living In a state of adultery and fornication” with Marion Scott. Upon the trial in the Court below, the State introduced as a witness-Grezn, who testified that some time in September or October, 1855,he saw the defendant and Marion Scottlying together in a storehouse of the defendant, under the counter, thinks they committed the act of adultery, they were doing something particular — that defendant had carnal knowledge of and with said Marion Scott. This was in the…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The act of the Legislature of 1850, Cobb 462, prohibits the Judge presiding at the trial of a defendant, in an indictment from intimating his opinion' to the jury in his charge as to the guilt of the accused. If he violates this statute, this Court is required to reverse the judgment.
Under the charges of the indictment in this case, it is ne*479cessary for other facts to be proven besides an act of adultery, to warrant the conviction of the defendant. We do not say that enough was not proven to justify the verdict of the jury. That is not the…
2Cited by2 opinions
- Winkles v. StateCourt of Appeals of Georgia · 1908
- Lawson v. StateSupreme Court of Georgia · 1902