Cagle v. State

Court of Appeals of Georgia

Cagle v. State

157 S.E. 882, 43 Ga. App. 99, 1931 Ga. App. LEXIS 200

CourtCourt of Appeals of Georgia

DecidedMarch 31, 1931

Docket21152

StatusPublished

This text of 157 S.E. 882 (Cagle 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

Cagle v. State, 157 S.E. 882, 43 Ga. App. 99, 1931 Ga. App. LEXIS 200 (Ga. Ct. App. 1931).

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Opinion

Bioodworth, J.

G. C. Elrod and Grady Cagle were convicted under an indictment which charged that they did have and possess “certain apparatus, viz. still pot, still worm, and still cap,” for distilling and manufacturing alcoholic liquors. The evidence connecting the defendants with the offense charged is entirely circumstantial, and does not exclude every reasonable hypothesis save that of the guilt of the accused. The court should have granted a new trial.

Judgment reversed.

Broyles, O. J., and Luke, J., concur. II. II. Anderson, for plaintiffs in error. John G. Mitchell, solicitor-general, contra.

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Bioodworth, J.

G. C. Elrod and Grady Cagle were convicted under an indictment which charged that they did have and possess “certain apparatus, viz. still pot, still worm, and still cap,” for distilling and manufacturing alcoholic liquors. The evidence connecting the defendants with the offense charged is entirely circumstantial, and does not exclude every reasonable hypothesis save that of the guilt of the accused. The court should have granted a new trial.

Judgment reversed.

Broyles, O. J., and Luke, J., concur. II. II. Anderson, for plaintiffs in error. John G. Mitchell, solicitor-general, contra.

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Bluebook (online)

157 S.E. 882, 43 Ga. App. 99, 1931 Ga. App. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cagle-v-state-gactapp-1931.