Miller v. State

• Decision Date: 10 October 1911
• Docket Number: (No. 3,584.)
• Parties: MILLER v. STATE.
• Court: Georgia Court of Appeals

72 S.E. 279

9 Ga.App. 827

MILLER

v.STATE.

(No. 3, 584.)

Court of Appeals of Georgia.

Oct. 10, 1911.

(Syllabus by the Court.)

1. Adultery (§ 12^*)—Evidence—Marriage.

In a prosecution for adultery, the fact that the alleged participants were, respectively, a married man and a married woman may be shown, either directly or circumstantially.

The fact of the marriage may be at least prima facie shown by either of the following methods: By proof of general repute in family (Civ. Code 1910, § 5764); by proof of general reputation in the community (Drawdy v. Hesters, 130 Ga. 161 [1], 60 S. E. 451, 15 L. R. A. |N. S.] 190; Clark v. Cassidy, 62 Ga. 407; Wood v. State, 62 Ga. 406); by proof of the fact that the man or the woman, as the case may be, lives together with a person of the opposite sex as his or her spouse, with general recognition in the community of their being married to each other. Clark v. Cassidy, supra.

[Ed. Note.—For other cases, see Adultery, Dec. Dig. § 12.*] 2. Sufficiency of Evidence.

The evidence fully supports the verdict.

Error from City Court of Reidsville; E. C. Collins, Judge.

John Miller was convicted of crime, and brings error. Affirmed.

H. H. Elders, for plaintiff in error.

Robt.E. De Loach, Sol., for the State.

POWELL, J. Judgment affirmed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes