Cummings v. State
25 Ga. App. 319
Ga. Ct. App.
1920
Check Treatment
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.