Miller v. State

Court of Appeals of Georgia

Decided October 10, 1911

Court of Appeals of Georgia · decided 1911-10-10

<p>Accusation of adultery; from city court of Eeidsville — Judge Collins. May 29, 1911.</p>

Relies on Drawdy v. Hesters · Clark v. Cassidy · Wood v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1911-10-10

How this case has been cited

Cited by 6 later decisions — most recently April 1952

5 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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Powell, J.

¶11. 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 any of the following methods: by proof of general repute in family (Civil Code (1910), § 5764) ; by proof of general reputation in tht; 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.

¶22. The evidence fully supported the verdict. Judgment affirmed.