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7 S.E.2d 779

Freeman v. State

Decided March 6, 1940

Cited by 2 later decisions — most recently May 1971

1 state decisions

Relies on Miller v. State · Tison v. State · 13 Ga. App. 79 - Meeks v. Mayor of Carrollton

Good law ✅— No negative treatment on recordhow we know

Decided 1940-03-06

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MacIntyre, J.

¶1 The defendant was convicted of adultery. The only evidence of the marriage of the male with whom the defendant was alleged to have committed the adultery was the testimony of the witness that “I know Earl Canup is a married man, because he told me he was married.” This w'as not sufficient proof of such fact, the burden being upon the State to prove this essential fact (the marriage of both parties) before a conviction of either party -would be authorized. Zackery v. State, 6 Ga. App. 104 (64 S. E. 281); Tison v. State, 125 Ga. 7 (53 S. E. 809); Craft v. State, 13 Ga. App. 79 (78 S. E. 776). For methods of proving marriage in adultery cases see Miller v. State, 9 Ga. App. 827 (72 S. E. 279).

¶2 Judgment reversed.

Broyles, G. J., and Guerry, J.. conear.
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