Coleman v. State

141 S.E. 431, 37 Ga. App. 606, 1928 Ga. App. LEXIS 522
Court of Appeals of Georgia·Decided January 7, 1928·No. 18573·Published·Cited by 1 cases

Opinion

Luke, J.

While the evidence, which is entirely circumstantial, raises a grave suspicion of the defendant’s guilt, it does not exclude every other reasonable hypothesis than that of his guilt; and for this reason alone the judgment overruling his motion for a new trial is reversed.

Judgment reversed.

Broyles, O. J., concurs. Bloodworth, J., dissents. Strozier & Gower, G. L. Harris, for plaintiff in error, cited:

Long v. State, 5 Ga. App. 176; Mathis v. State, 30 Ga. App. 10; 32 Ga. App. 542; Weems v. State, 84 Ga. 461.

T. Hoyt Davis, solicitor-general, contra.

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Coleman v. State, 141 S.E. 431, 37 Ga. App. 606, 1928 Ga. App. LEXIS 522 (Ga. Ct. App. 1928).

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141 S.E.2d 574 (Court of Appeals of Georgia, 1965)