Cummings v. State

• Decision Date: 18 April 1914
• Docket Number: (No. 5417.)
• Citation: 14 Ga.App. 441,81 S.E. 366
• Parties: CUMMINGS. v. STATE.
• Court: Georgia Court of Appeals

(14 Ga.App. 441)

81 S.E. 366

CUMMINGS.

v.STATE.

(No. 5417.)

Court of Appeals of Georgia.

April 18, 1914.

(Syllabus by the Court.)

1. Criminal Law (§ 935*) — New Trial — Grounds.

No error of law being complained of, and the verdict being amply sustained by evidence, the court did not err in denying the motion for a new trial.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2193, 2194, 2297, 2298,.3068; Dec. Dig. § 935.*]

2. Adultery (§ 14*)—Sufficiency of Evidence.

This case is distinguished from that of Long v. State, 5 Ga. App. 176, 62 S. E. 711, by undisputed facts authorizing the conclusion that the crime of adultery had already been committed, and was not merely in contemplation when the defendant was interrupted. The woman charged with the crime and her alleged paramour were alone in a one-room house, in the dark, when the officer knocked on the door and demanded admittance. A noise was heard as if some one was getting off a bed, a light was struck, and 15 minutes later the woman opened the door, and a married man, not her husband, whom she falsely declared to be her brother, was seen sitting on a box, clad in his undershirt and trousers, with his shoes unlaced, while the upper part of her dress was unbuttoned; and the indentations on the sole bed in the house and on the pillows thereon indicated that two persons had recently occupied the same. While the proof is circumstantial, it appears to pre-clude any reasonable hypothesis of innocence on the part of the accused.

[Ed. Note.—For other cases, see Adultery, Cent. Dig. §§ 27, 31, 32; Dec. Dig. g 14.*]

Error from City Court of Sandersville; E. W. Jordan, Judge.

Eva Cummings was convicted of adultery, and brings error. Affirmed.

Evans & Evans, of Sandersville, for plaintiff in error.

J. E. Hyman, Sol. Gen., of Sandersville, for the State.

WADE, J. Judgment affirmed.

ROAN, J., absent on account of sickness.