Jobe v. State

Decided March 15, 1913

Mississippi Supreme Court · decided 1913-03-15

Hon. H. C. Motjnger, Judge. J. B. Jobe was convicted of adultery and appeals. The facts are fully stated in the opinion of the court. In order to convict a defendant on a charge of unlawful co-habitation by circumstances, the circumstances, must be such, as to exclude any other hypothesis than that of the guilt of the defendant. The evidence in this case, as to the circumstances testified about falls far short of this rule.

Decided 1913-03-15

Cook, J.,

¶1delivered the opinion of the court.

¶2Appellant was indicted for the crime of adultery and convicted in the circuit court of Claiborne county. We have carefully examined the record in this case, and we find no evidence upon which the jury’s verdict can he sustained. There is very little evidence upon which to found a suspicion that appellant was guilty of a single act of sexual intercourse, much less of habitual intercourse. In fact, it seems to us that there is nothing in the record to justify even a suspicion that the parties involved in this controversy were guilty of any violation of the law of the state or of good morals.

¶3The case is reversed, and judgment here discharging the defendant.

¶4Reversed.