Griffin v. State

Court of Appeals of Georgia

Griffin v. State

117 S.E. 470, 30 Ga. App. 185, 1923 Ga. App. LEXIS 340

CourtCourt of Appeals of Georgia

DecidedApril 12, 1923

Docket14305

StatusPublished

Cited by1 cases

This text of 117 S.E. 470 (Griffin 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

Griffin v. State, 117 S.E. 470, 30 Ga. App. 185, 1923 Ga. App. LEXIS 340 (Ga. Ct. App. 1923).

Pincite

Opinion

Luke, J.

1. The indictment in this case was not subject to demurrer upon the ground that the indictment charged two separate and distinct offenses in the same count, to wit, the offense of adultery and fornication, and living in a state of adultery. See Heath v. State, 91 Ga. 126 (16 S. E. 667); Lawrence v. State, 10 Ga. App. 786 (74 S. E. 300); Nalley v. State, 11 Ga. App. 15 (74 S. E. 567).

2. The evidence in this case was not sufficient to authorize the defendant’s conviction. The only testimony which would authorize the defendant’s conviction would have shown a violation of section 372 of the Penal Code in a county other than that in which he was being tried. For the reason that the evidence did not authorize the verdict, it was error for the court to overrule the motion for a new trial.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., conctir. James L. Dowling, for plaintiff in error, Clifford E. Hay, solicitor-general,

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