Legal Opinion

Moore v. State

Court of Appeals of Georgia

Decided July 25, 1910No. 2542PublishedCited by 5 opinions

Accusation of adultery; from city court of Carrollton — Judge Beall. February 24, 1910. The accused was convicted, of adultery with Lula Yeoman. From the .evidence it appeared that she was living apart from her husband and at the defendant’s house, where she w;as employed to cook, wash, iron, do household work, and wait on his wife, who was an invalid. While she was so employed she gave' birth to children.

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Accusation of adultery; from city court of Carrollton — Judge Beall. February 24, 1910. The accused was convicted, of adultery with Lula Yeoman. From the .evidence it appeared that she was living apart from her husband and at the defendant’s house, where she w;as employed to cook, wash, iron, do household work, and wait on his wife, who was an invalid. While she was so employed she gave' birth to children. The defendant' and 'a physician were the only persons present in the room with her when the children were born; and he procured and paid for the services of the physician. He had adult sons…

1Opinion of the CourtRussell, J.

The evidence was insufficient to authorize the conviction of the defendant, and a new trial should have been granted. The decision is controlled by the ruling in Thompson v. State, 5 Ga. App. 7 (62 S. E. 571), and Winkles v. State, 4 Ga. App. 559 (2), 563 (61 S. E. 1128).

Judgment reversed.

8. IIolderness, J. O. Newell, Edgar Watkins, for plaintiff in error, cited: 5 Ga. App. 7; Id. 176; 2 Ga. App. 620; 84 Ga. 461; 74 Ga. 376; 126 Ga. 563. C. E. Roop, solicitor, contra, cited: 97 Ga. 192; 81 Ga. 140 (6).

2Cases cited7 opinions

  1. Hunt v. StateSupreme Court of Georgia · 1888
  2. Thompson v. StateCourt of Appeals of Georgia · 1908
  3. Eldridge v. StateSupreme Court of Georgia · 1895
  4. Weems v. StateSupreme Court of Georgia · 1890
  5. Lightner v. StateSupreme Court of Georgia · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cummings v. StateCourt of Appeals of Georgia · 1914
  2. Bailey v. StateCourt of Appeals of Georgia · 1913
  3. O'Neal v. StateCourt of Appeals of Georgia · 1914
  4. Phillips v. StateCourt of Appeals of Georgia · 1916
  5. Seckinger v. StateCourt of Appeals of Georgia · 1912

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