Johnson v. Johnson

Duckworth, Chief Justice.

1. Adultery may be proved by circumstantial evidence, but such evidence must infer as a necessary conclusion that adultery was committed. But if such evidence is fairly susceptible of two interpretations, one consistent with innocence and the other with guilt, it is not sufficient to prove adultery. 17 Am. Jur. 552, Divorce and Separation, § 432; Weaver v. State, 74 Ga. 376; Starke v. State, 97 Ga. 193 (23 SE 832); Thompson v. State, 61 Ga. App. 624 (7 SE2d 189). And there must be both (1) an opportunity and (2) an adulterous disposition in order for adultery to be…