Weaver v. State

Decided October 21, 1884

Supreme Court of Georgia · decided 1884-10-21

<p>The defendant being charged with adultery and fornication, the evidence submitted by the state was consistent with his innocence. There was no evidence of any improper conduct between the parties, nor were they shown to have been in such suspicious circumstances and under such conditions as to lead to the conclusion that the accused was guilty. A verdict of guilty was therefore not sustained by the evidence.</p>

Good law ✅— No negative treatment on recordhow we know

Judgment reversed · Decided 1884-10-21

How this case has been cited

Cited by 6 later decisions — most recently September 1974

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blandeord, Justice.

¶1[Joe Weaver, colored, was indicted for fornication and adultery, alleged to have been committed with one Marinda Smith, a white woman. The evidence showed that defendant and the woman lived on the same plantation, having houses not far apart. She cooked for him. They had been seen working together in the field, and defendant had been seen on several occasions making baskets‘in her yard late at night and early in the morning. He had also been seen in her house at meal times, and both of them had been seen seated before the fire together, with the door open; but no witness testified to their being together, with the door closed, or to seeing any improper conduct between them.

¶2The jury found defendant guilty. A new trial was refused, and he excepted.]