Banks v. State

Court of Appeals of Georgia

Banks v. State

68 S.E. 334, 7 Ga. App. 812, 1910 Ga. App. LEXIS 535

CourtCourt of Appeals of Georgia

DecidedJune 14, 1910

Docket2634

StatusPublished

Cited by2 cases

This text of 68 S.E. 334 (Banks v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. State, 68 S.E. 334, 7 Ga. App. 812, 1910 Ga. App. LEXIS 535 (Ga. Ct. App. 1910).

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Opinion

Powell, J.

The decision in Cummings v. State, 110 Ga. 293 (35 S. E. 117), is in the following language: “Though the State’s evidence very strongly and conclusively tended to establish the fact that tracks seen near the place of the crime, and which must have been made on the night it was committed, corresponded in minute particulars with shoes belonging to the accused, this, without more, was not sufficient to show, to the exclusion of every other reasonable hypothesis, that he committed the crime.” This language could not correspond more closely with the only proposition involved in the present case, if it had been written upon the record now before us, instead of having been written on the record in the Cummings case. In obedience to this authority, the judgment is

Reversed.

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Powell, J.

The decision in Cummings v. State, 110 Ga. 293 (35 S. E. 117), is in the following language: “Though the State’s evidence very strongly and conclusively tended to establish the fact that tracks seen near the place of the crime, and which must have been made on the night it was committed, corresponded in minute particulars with shoes belonging to the accused, this, without more, was not sufficient to show, to the exclusion of every other reasonable hypothesis, that he committed the crime.” This language could not correspond more closely with the only proposition involved in the present case, if it had been written upon the record now before us, instead of having been written on the record in the Cummings case. In obedience to this authority, the judgment is

Reversed.

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Bluebook (online)

68 S.E. 334, 7 Ga. App. 812, 1910 Ga. App. LEXIS 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-state-gactapp-1910.

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