Craft v. State

• Decision Date: 08 July 1913
• Docket Number: 4,968.
• Citation: 78 S.E. 776,13 Ga.App. 79
• Parties: CRAFT v. STATE.
• Court: Georgia Court of Appeals

78 S.E. 776

13 Ga.App. 79

CRAFT v. STATE.

No. 4,968.

Court of Appeals of Georgia

July 8, 1913

Syllabus by the Court.

Under the ruling in Zackery v. State, 6 Ga.App. 104, 64 S.E. 281, the evidence in the present case was not sufficient to show that the female with whom the accused was alleged to have committed adultery was a married woman.

Error from City Court of Hall County; G. A. Johns, Judge.

Tobe Craft was convicted of crime, and brings error. Reversed.

Johnson & Johnson, of Gainesville, for plaintiff in error.

A. C. Wheeler, Sol., of Gainesville, for the State.

POTTLE, J.

The only evidence that the woman was married consisted of testimony that, about a year before the act took place, she said she was married, and of general statements from witnesses that she had the reputation of being married, having for some time, previous to about a year before the criminal act was alleged to have been committed, lived with a man who had since left for parts unknown. Under the ruling in the case cited in the headnote, the conviction was not authorized.

Judgment reversed.