Coney v. State

Court of Appeals of Georgia

Coney v. State

37 S.E.2d 635, 73 Ga. App. 677, 1946 Ga. App. LEXIS 382

CourtCourt of Appeals of Georgia

DecidedApril 4, 1946

Docket31199.

StatusPublished

This text of 37 S.E.2d 635 (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, 37 S.E.2d 635, 73 Ga. App. 677, 1946 Ga. App. LEXIS 382 (Ga. Ct. App. 1946).

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Opinions

MacIntyre, J.

The motion for a new trial contains the usual general grounds only. The defendant was convicted of simple larceny (hog stealing). The evidence tending to connect him with the offense was wholly circumstantial and was insufficient to exclude every other reasonable hypothesis except that of the guilt of the accused. His conviction was therefore contrary to law and the evidence, and the denial of a new trial was error. The facts in this case are not as strong against the defendant as those in the companion case of Dupree v. State, 73 Ga. App. 515 (37 S. E. 2d, 235), where this court held that the evidence did not authorize the verdict. The court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, G. J., and Gardner, J., concur.

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MacIntyre, J.

The motion for a new trial contains the usual general grounds only. The defendant was convicted of simple larceny (hog stealing). The evidence tending to connect him with the offense was wholly circumstantial and was insufficient to exclude every other reasonable hypothesis except that of the guilt of the accused. His conviction was therefore contrary to law and the evidence, and the denial of a new trial was error. The facts in this case are not as strong against the defendant as those in the companion case of Dupree v. State, 73 Ga. App. 515 (37 S. E. 2d, 235), where this court held that the evidence did not authorize the verdict. The court erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, G. J., and Gardner, J., concur.

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Bluebook (online)

37 S.E.2d 635, 73 Ga. App. 677, 1946 Ga. App. LEXIS 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coney-v-state-gactapp-1946.

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