Georgia Court of Appeals, 1920

Cummings v. State

Georgia Court of Appeals · Decided May 11, 1920 · No. 11379 · Broyles

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

Cases that cite this one

1 later published case cites this decision.

Wood v. City of Atlanta (Ga. Ct. App. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.