Heath v. State

• Decision Date: 09 January 1893
• Citation: 16 S.E. 657,91 Ga. 126
• Parties: HEATH v. STATE.
• Court: Georgia Supreme Court

16 S.E. 657

91 Ga. 126

HEATH v. STATE.

Supreme Court of Georgia

January 9, 1893

Syllabus by the Court.

Under Code, § 4534, the offense of adultery and fornication may be committed in two ways,--either by living together in that state, or by perpetrating a single act of criminal intercourse. Committed in either way, it is one and the same offense. Therefore an indictment charging in one count its commission in both ways alleges but one offense, and is not demurrable on the ground that two offenses are charged in one count. Long v. State, 12 Ga. 293; Thomas v. State, 59 Ga. 784.

Error from superior court, Bibb county; A. L. MILLER, Judge.

F. L. Heath was charged with adultery and fornication. A demurrer to the accusation was overruled, and defendant brings error. Affirmed.

L. D. Moore, for plaintiff in error.

W. H. Felton, Jr., Sol. Gen., for the State.

PER CURIAM.

Judgment affirmed.