Butler v. State

Court of Appeals of Georgia

Butler v. State

123 S.E.2d 30, 104 Ga. App. 777, 1961 Ga. App. LEXIS 797

Court of Appeals of Georgia·Decided November 14, 1961·No. 39176·Published

Opinion

Frankum, Judge.

The conviction of the accused was founded solely on circumstantial evidence which, given its strongest intendment against him, raised a strong suspicion of his guilt, but was not sufficient to exclude every other reasonable hypothesis save that of his guilt.

Therefore, the court erred in denying his motion for a new trial.

Judgment reversed.

Nichols, P. J., and Jordan, J., concur.

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Frankum, Judge.

The conviction of the accused was founded solely on circumstantial evidence which, given its strongest intendment against him, raised a strong suspicion of his guilt, but was not sufficient to exclude every other reasonable hypothesis save that of his guilt.

Therefore, the court erred in denying his motion for a new trial.

Judgment reversed.

Nichols, P. J., and Jordan, J., concur.

Butler v. State, 123 S.E.2d 30, 104 Ga. App. 777, 1961 Ga. App. LEXIS 797 (Ga. Ct. App. 1961).

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