Opinion
30206.
SUBMITTED AUGUST 8, 1975.
DECIDED SEPTEMBER 23, 1975.
Divorce. Cobb Superior Court. Before Judge Ravan.
B. F. Henderson, pro se, H. E. Williams, for appellant.
Joe R. Edwards, for appellee.
Appellant complains that his wife was not entitled to a divorce on the ground that he was sentenced to over two years imprisonment for an offense involving moral turpitude. Code Ann. § 30-102. He was convicted on May 12, 1972, and sentenced on July 7, 1972. His wife continued to live with him until his incarceration on January 12, 1973. She filed suit for divorce on May 28, 1974. He argues that his wife condoned his conduct by continuing to cohabit with him between his conviction and sentence and his actual incarceration. We do not agree. With respect to this ground of divorce, condonation has no application between the date of the conviction and sentence and the actual incarceration. See Kosanke v. Kosanke, 30 Wn.2d 523 ( 192 P.2d 337); Murphy v. Murphy, 204 Pa. Super. 576 ( 205 A.2d 647).
Judgment affirmed. All the Justices concur.