Coney v. State

Court of Appeals of Georgia

Coney v. State

88 S.E. 918, 18 Ga. App. 112, 1916 Ga. App. LEXIS 152

CourtCourt of Appeals of Georgia

DecidedMay 18, 1916

Docket7295

StatusPublished

Cited by2 cases

This text of 88 S.E. 918 (Coney 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

Coney v. State, 88 S.E. 918, 18 Ga. App. 112, 1916 Ga. App. LEXIS 152 (Ga. Ct. App. 1916).

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Opinion

Russell, C. J.

In the trial of criminal cases, where the guilt of the accused is wholly dependent upon circumstantial evidence, it is the duty of the trial judge, without any request, to instruct the jury to the effect that if the hypothesis of the defendant’s innocence is as reasonable as that of his guilt, the defendant should be acquitted. Riley v. State, 1 Ga. App. 651 (57 S. E. 1031); Weaver v. State, 135 Ga. 317 (69 S. E. 488). The failure so to instruct the jury in this case requires the grant of a new trial. Judgment reversed.

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Russell, C. J.

In the trial of criminal cases, where the guilt of the accused is wholly dependent upon circumstantial evidence, it is the duty of the trial judge, without any request, to instruct the jury to the effect that if the hypothesis of the defendant’s innocence is as reasonable as that of his guilt, the defendant should be acquitted. Riley v. State, 1 Ga. App. 651 (57 S. E. 1031); Weaver v. State, 135 Ga. 317 (69 S. E. 488). The failure so to instruct the jury in this case requires the grant of a new trial. Judgment reversed.

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Bluebook (online)

88 S.E. 918, 18 Ga. App. 112, 1916 Ga. App. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coney-v-state-gactapp-1916.

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