Elliott v. State

53 S.E. 809, 125 Ga. 31, 1906 Ga. LEXIS 25

Opinion

Reck, J.

Where one is convicted of the offense of adultery and fornication, and the evidence does not disclose that either the accused or the other party participating in the criminal act is married, the verdict is without evidence to support it, and a new trial should be granted. Kendrick v. State, 100 Ga. 360; Tison v. State, ante, 7.

Judgment reversed.

All the Justices concur.