Legal Opinion

Morgan v. State

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 6 opinions

Criminal law. Indictment. Burglary. Title. Before Judge Mershon. Camden Superior Court. May Term, 1879. Morgan was placed on trial for tlie offense of burglary alleged to have been committed by breaking and entering the dwelling house of one Rose Taylor. The evidence showed that the house was rented by the husband of Rose Taylor, and occupied by him and his family. It was not shown from whom he rented, but there was no pretense that he held under her.

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Criminal law. Indictment. Burglary. Title. Before Judge Mershon. Camden Superior Court. May Term, 1879. Morgan was placed on trial for tlie offense of burglary alleged to have been committed by breaking and entering the dwelling house of one Rose Taylor. The evidence showed that the house was rented by the husband of Rose Taylor, and occupied by him and his family. It was not shown from whom he rented, but there was no pretense that he held under her. She testified she did not own the house. The jury found him guilty. He moved for a new trial because the verdict was contrary to the evidence…

1Opinion of the Court

Bleckley, Justice.

Mrs. Rose Taylor testified as a witness in behalf of the state, and it is evident from the tenor and tone of her testi*308monv that she considers her husband as a member of her family, and herself as the head of the establishment. The true legal relation of husband and wife is in her mind reversed. Metaphorically speaking, she puts the petticoat in a more advanced position than the pantaloons. She states that she does not own the house, but she lives in it; that no one lives in it but her and her family, and that her family consists of her husband and children. From another…

2Cited by6 opinions

  1. Goode v. StateSupreme Court of Georgia · 1883
  2. Yarborough v. StateSupreme Court of Georgia · 1890
  3. Patterson v. StateCourt of Appeals of Georgia · 1910
  4. Moore v. StateCourt of Appeals of Georgia · 1973
  5. Livingston v. StateCourt of Appeals of Georgia · 1970

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