Bennett v. State

Court of Appeals of Georgia

Bennett v. State

117 S.E. 250, 30 Ga. App. 107, 1923 Ga. App. LEXIS 281

CourtCourt of Appeals of Georgia

DecidedApril 10, 1923

Docket14179

StatusPublished

This text of 117 S.E. 250 (Bennett 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

Bennett v. State, 117 S.E. 250, 30 Ga. App. 107, 1923 Ga. App. LEXIS 281 (Ga. Ct. App. 1923).

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Opinion

Luke, J.

The defendant was convicted of the offense of burglary. The conviction was dependent wholly upon circumstantial evidence. Erom a careful examination of the record in this case, we are of the opinion that the evidence is not sufficient to exclude every reasonable hypothesis other than that of the defendant’s guilt. It was error to overrule the motion for a new trial.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

The defendant was convicted of the offense of burglary. The conviction was dependent wholly upon circumstantial evidence. Erom a careful examination of the record in this case, we are of the opinion that the evidence is not sufficient to exclude every reasonable hypothesis other than that of the defendant’s guilt. It was error to overrule the motion for a new trial.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Bluebook (online)

117 S.E. 250, 30 Ga. App. 107, 1923 Ga. App. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-state-gactapp-1923.