Baugh v. State

Court of Appeals of Georgia

Baugh v. State

123 S.E. 923, 32 Ga. App. 496, 1924 Ga. App. LEXIS 496

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1924

Docket15589

StatusPublished

Cited by3 cases

This text of 123 S.E. 923 (Baugh 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

Baugh v. State, 123 S.E. 923, 32 Ga. App. 496, 1924 Ga. App. LEXIS 496 (Ga. Ct. App. 1924).

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Opinion

Bloodworti-i, J.

“The circumstantial evidence introduced by the prosecution was purely negative in its character, and the inference of the defendant’s guilt, which might have arisen from this negative testimony, was so rebutted by positive proof, not inconsistent therewith, that he had earned and had received a sufficient amount of money to maintain himself, that the verdict finding him guilty of vagrancy was not authorized by law, and a new trial should have been granted.” Leonard v. State, 5 Ga. App. 494 (63 S. E. 530). See Jacobs v. State, 1 Ga. App. 519 (57 S. E. 1063); Mooney v. State, 32 Ga. App. 448 (123 S. E. 734), and cases cited. Under the rulings in the foregoing cases, the court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, G. J., and Luke, J., concur.

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Bloodworti-i, J.

“The circumstantial evidence introduced by the prosecution was purely negative in its character, and the inference of the defendant’s guilt, which might have arisen from this negative testimony, was so rebutted by positive proof, not inconsistent therewith, that he had earned and had received a sufficient amount of money to maintain himself, that the verdict finding him guilty of vagrancy was not authorized by law, and a new trial should have been granted.” Leonard v. State, 5 Ga. App. 494 (63 S. E. 530). See Jacobs v. State, 1 Ga. App. 519 (57 S. E. 1063); Mooney v. State, 32 Ga. App. 448 (123 S. E. 734), and cases cited. Under the rulings in the foregoing cases, the court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, G. J., and Luke, J., concur.

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Bluebook (online)

123 S.E. 923, 32 Ga. App. 496, 1924 Ga. App. LEXIS 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baugh-v-state-gactapp-1924.

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