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JOHNSON v. JOHNSON

21660.

218 Ga. 28 (1962)

126 S.E.2d 229

JOHNSON v. JOHNSON.

Supreme Court of Georgia.

Decided May 21, 1962.

Attorney(s) appearing for the Case

Frank M. Gleason, Miller, Martin, Hitchings, Tipton & Lenihan, for plaintiff in error.

Van Cleave, Hatfield & Parker, J. W. Van Cleave, W. A. McClure, McClure & McClure, contra.

DUCKWORTH, Chief Justice.

1. Adultery may be proved by circumstantial evidence, but such evidence must infer as a necessary conclusion that adultery was committed. But if such evidence is fairly susceptible of two interpretations, one consistent with innocence and the other with guilt, it is not sufficient to prove adultery. 17 Am. Jur. 552, Divorce and Separation, § 432; Weaver v. State, 74 Ga. 376; Starke v. State, 97 Ga. 193 (23 SE 832); Thompson...

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