Allen v. State

Court of Appeals of Georgia

Allen v. State

35 S.E.2d 606, 73 Ga. App. 60, 1945 Ga. App. LEXIS 388

Court of Appeals of Georgia·Decided October 16, 1945·No. 31067.·Published

Opinion

Broyles, C. J.

Louis -Allen, James E. Morris, and E. E. Hawkins were jointly indicted for the offense of burglary. Allen was tried separately and was found guilty of the offense charged. The evidence tending to *61 connect him with the burglary was wholly circumstantial, and was insufficient to exclude every other reasonable hypothesis save that of his guilt. Therefore the verdict was contrary to law and the evidence, and the denial of a new trial was error.

Decided October 16, 1945. Robert T. Speer, for plaintiff in error. E. E. Andrews, solicitor-general, Eurwood T. Rye, Paul Webb, contra.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

Louis -Allen, James E. Morris, and E. E. Hawkins were jointly indicted for the offense of burglary. Allen was tried separately and was found guilty of the offense charged. The evidence tending to *61 connect him with the burglary was wholly circumstantial, and was insufficient to exclude every other reasonable hypothesis save that of his guilt. Therefore the verdict was contrary to law and the evidence, and the denial of a new trial was error.

Decided October 16, 1945. Robert T. Speer, for plaintiff in error. E. E. Andrews, solicitor-general, Eurwood T. Rye, Paul Webb, contra.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

Allen v. State, 35 S.E.2d 606, 73 Ga. App. 60, 1945 Ga. App. LEXIS 388 (Ga. Ct. App. 1945).

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