Barnett v. State

Court of Appeals of Georgia

Barnett v. State

168 S.E. 920, 46 Ga. App. 691, 1933 Ga. App. LEXIS 195

CourtCourt of Appeals of Georgia

DecidedApril 5, 1933

Docket22998

StatusPublished

This text of 168 S.E. 920 (Barnett 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

Barnett v. State, 168 S.E. 920, 46 Ga. App. 691, 1933 Ga. App. LEXIS 195 (Ga. Ct. App. 1933).

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Opinion

Broyles, C. J.

The defendant and Tom Towler were jointly indicted for making wbisky. The defendant was put on trial and convicted of an attempt to make whisky. The evidence tending to connect him with the offense charged, or with the attempt to manufacture whisky, was wholly circumstantial, and was insufficient to exclude every reasonable hypothesis save that of his guilt. It follows that the verdict was unauthorized and that the refusal to grant a new trial was error.

Judgment reversed.

MacIntyre and Guerry, JJ., concur. W. L. Nix, for plaintiff in error. Clifford Frail, solicitor-general, contra.

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Broyles, C. J.

The defendant and Tom Towler were jointly indicted for making wbisky. The defendant was put on trial and convicted of an attempt to make whisky. The evidence tending to connect him with the offense charged, or with the attempt to manufacture whisky, was wholly circumstantial, and was insufficient to exclude every reasonable hypothesis save that of his guilt. It follows that the verdict was unauthorized and that the refusal to grant a new trial was error.

Judgment reversed.

MacIntyre and Guerry, JJ., concur. W. L. Nix, for plaintiff in error. Clifford Frail, solicitor-general, contra.

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Bluebook (online)

168 S.E. 920, 46 Ga. App. 691, 1933 Ga. App. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-v-state-gactapp-1933.