Alexander v. State

50 S.E. 56, 122 Ga. 174, 1905 Ga. LEXIS 146
CourtSupreme Court of Georgia
DecidedMarch 2, 1905
StatusPublished
Cited by3 cases

This text of 50 S.E. 56 (Alexander v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. State, 50 S.E. 56, 122 Ga. 174, 1905 Ga. LEXIS 146 (Ga. 1905).

Opinion

Evans, J.

An indictment which charges the accused with having, on a day named, in a designated county of this State, committed a misdemeanor, in that he, being at the time a single man, did unlawfully have sexual intercourse with and carnally knew a named married woman whose husband was other than the accused, is not open to demurrer on the ground that it “ does not specify any recognized crime, as he is only accused of sexual intercourse, and does not state that he is guilty of fornication and adultery. ” To so denominate the offense was not essential, since it “has been often ruled in this court that an offense is characterized, not by its specific designation in the indictment, but by the criminal acts therein alleged to have been committed.’’ Disharoon v. State, 95 Ga. 356, and cases cited.

Judgment in each case affirmed.

All the Justices concur.

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Related

Brusnighan v. State
71 S.E.2d 698 (Court of Appeals of Georgia, 1952)
Moore v. State
129 S.E. 6 (Court of Appeals of Georgia, 1925)
Perkins v. State
115 S.E. 27 (Court of Appeals of Georgia, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
50 S.E. 56, 122 Ga. 174, 1905 Ga. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-state-ga-1905.