Cummings v. State

Court of Appeals of Georgia

Cummings v. State

103 S.E. 193, 25 Ga. App. 319, 1920 Ga. App. LEXIS 771

CourtCourt of Appeals of Georgia

DecidedMay 11, 1920

Docket11379

StatusPublished

Cited by1 cases

This text of 103 S.E. 193 (Cummings v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cummings v. State, 103 S.E. 193, 25 Ga. App. 319, 1920 Ga. App. LEXIS 771 (Ga. Ct. App. 1920).

Pincite

Opinion

Broyles, C. J.

1. Tlie evidence, as disclosed by the record, was insufficient to authorize the defendant’s conviction of keeping a lewd house, and the court erred in overruling the motion for a new trial.

2. Under the above ruling it is unnecessary to consider the special grounds of the motion, for a new trial.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

It was contended that proof of a single act of fornication or adultery in a house would not be sufficient to 'authorize a conviction under the statute (Penal Code of 1910, § 382) under which the accusation was made.

L. E. Heath, Casey Thigpen, for plaintiff in error,

cited: Penal Code (1910), § 382; 14 Ga. App. 110; 23 Ga. App. 727; 5 Ga. App. 766; 2 Ga. App. 433; 115 Ga. 571; 92 Ga. 49; 18 Ga. App. 112; 4 Ga. App. 336.

J. A. Roberts, solicitor, McDonald & Willingham, E. L. Grantham, contra,

cited: 24 Cyc. 792, and cit.; 120 Ga. 201.

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