Supreme Court of Georgia, 1903

Neil v. State

Supreme Court of Georgia · Decided February 6, 1903 · Cobb

117 Ga. 14; 43 S.E. 435; 1903 Ga. LEXIS 133

Cases that cite this one

6 later published cases cite this decision.

Battle v. State (Ga. Ct. App. 1952)
Wagnon v. State (Ga. Ct. App. 1937)
Crumpler v. State (Ga. Ct. App. 1932)
State v. Cavett (Minn. 1927)
Shattles v. State (Ga. Ct. App. 1915)
Sutton v. State (Ga. 1906)

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

Cobb, J.

The accused was convicted under an indictment, charging him with the offense of fornication. There was no evidence showing that either he or the female with whom the cmm*15inal act was alleged to have been committed was unmarried at. the time the offense was committed. There is no presumption of law or of fact that a given person is married or single, but this is a matter which must be established by evidence whenever it is material. It being essential, to authorize a conviction for fornication, that both parties to the criminal act should be unmarried,, it is incumbent upon the State to establish this fact by competent evidence. Bennett v. State, 103 Ga. 66. The record in the present case failing to disclose that either of the parties was unmarried, the conviction was unwarranted, and the court should have granted a new trial.

Judgment reversed.

By five Justices..

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