3 Ga. App. 475 | Ga. Ct. App. | 1908
The defendant was convicted of the offense of adultery, and moved for a new trial upon the general grounds. The evidence was such as to authorize a finding either of guilty or of not guilty; but the credibility of the witnesses is a matter solely for the jury, and the evidence in behalf of the State is ample, if believed by the jury, to remove every reasonable hypothesis save that of the defendant’s guilt. None of the authorities relied upon by the plaintiff in error are applicable to the present case. He relies upon the decision in the Weems case, 84 Ga. 461 (11 S. E. 501). The controlling point in that case is that the evidence fails to establish the charge, by reason of the fact that the prosecutor prevented the criminal act between the defendant and his wife,' if such was intended. Nothing is held in the case of McAllister v. State, 2 Ga. App. 654 (58 S. E. 1110), except that the circumstances relied upon by the State to corroborate the alleged confession were insufficient for that purpose, and insufficient of themselves to show the actual perpetration of the crime alleged. In Lightner v. State, 126 Ga. 563 (55 S. E. 471), it was held that the occupancy of the same room by the accused and the mulatto