Creighton v. State

Court of Appeals of Georgia

Creighton v. State

81 S.E. 798, 14 Ga. App. 598, 1914 Ga. App. LEXIS 395

CourtCourt of Appeals of Georgia

DecidedMay 16, 1914

Docket5566

StatusPublished

This text of 81 S.E. 798 (Creighton 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

Creighton v. State, 81 S.E. 798, 14 Ga. App. 598, 1914 Ga. App. LEXIS 395 (Ga. Ct. App. 1914).

Pincite

Opinion

Wade, J.

This conviction was based alone on circumstantial evidence which is not sufficient to exclude from the minds of the jury trying the case every other reasonable hypothesis than that of the guilt of the defendant. Had it affirmatively appeared from the evidence that the still was upon the land of the accused, an inference might thus have been raised that would perhaps have supported a conviction.

Judgment reversed.

Burwell & Fleming, for plaintiff in error.' R. L. Merritt, solicitor, contra.

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Wade, J.

This conviction was based alone on circumstantial evidence which is not sufficient to exclude from the minds of the jury trying the case every other reasonable hypothesis than that of the guilt of the defendant. Had it affirmatively appeared from the evidence that the still was upon the land of the accused, an inference might thus have been raised that would perhaps have supported a conviction.

Judgment reversed.

Burwell & Fleming, for plaintiff in error.' R. L. Merritt, solicitor, contra.

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Bluebook (online)

81 S.E. 798, 14 Ga. App. 598, 1914 Ga. App. LEXIS 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/creighton-v-state-gactapp-1914.