Cummings v. State
Court of Appeals of Georgia
Accusation of maintaining and keeping a lewd house; from city court of Douglas — Judge Henson. February 19, 1920. From the evidence it appeared that George Cummings, the defendant, was employed as caretaker of the Country Club, near Douglas, Georgia, and was furnished a house for himself at the grounds of the club.
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Accusation of maintaining and keeping a lewd house; from city court of Douglas — Judge Henson. February 19, 1920. From the evidence it appeared that George Cummings, the defendant, was employed as caretaker of the Country Club, near Douglas, Georgia, and was furnished a house for himself at the grounds of the club. In this house 'a constable discovered a man and a woman in bed together and in their night-clothes, about two or three o’clock in the afternoon, drunk and asleep or feigning sleep. The defendant told the constable that they came to the club that morning before day and wanted him to…
1Opinion of the CourtBroyles, C. J.
1. Tlie evidence, as disclosed by the record, was insufficient to authorize the defendant’s conviction of keeping a lewd house, and the court erred in overruling the motion for a new trial.
2. Under the above ruling it is unnecessary to consider the special grounds of the motion, for a new trial.
Judgment reversed.
Luke and Bloodworth, JJ., concur. It was contended that proof of a single act of fornication or adultery in a house would not be sufficient to 'authorize a conviction under the statute (Penal Code of 1910, § 382) under which the accusation was made. L. E. Heath, Casey Thigpen, for…
2Cases cited7 opinions
- Ward v. StateCourt of Appeals of Georgia · 1913
- Bell v. StateSupreme Court of Georgia · 1893
- Jones v. StateCourt of Appeals of Georgia · 1907
- Bryan v. StateSupreme Court of Georgia · 1904
- Coleman v. StateCourt of Appeals of Georgia · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wood v. City of AtlantaCourt of Appeals of Georgia · 1956