Legal Opinion

Bell v. State

Court of Appeals of Georgia

Decided July 21, 1914No. 5656PublishedCited by 1 opinion

Conviction of adultery; from city court of Valdosta — Judge Crawford. April 1, 1914.

1Opinion of the CourtWade, J.

1. Since a woman may not testify against her husband on a charge of adultery, neither can she make an affidavit which furnishes the basis for a warrant against him for this offense, or sign an accusation charging him therewith.

2. Inasmuch as her evidence tending to criminate her husband, except in certain cases where the law specifically allows her to testify, can not be received against him, she can not, by affidavit or accusation, launch and direct against her husband a force which she may not thereafter accelerate or retard by her testimony.

3. The court erred in striking the plea in…

2Cases cited1 opinion

  1. Smith v. StateCourt of Appeals of Georgia · 1914

3Cited by1 opinion

  1. Bloomquist v. RehnbergAppellate Court of Illinois · 1935

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