Dillard v. State

Court of Appeals of Georgia

Dillard v. State

142 S.E. 573, 38 Ga. App. 35, 1928 Ga. App. LEXIS 14

CourtCourt of Appeals of Georgia

DecidedMarch 7, 1928

Docket18646

StatusPublished

This text of 142 S.E. 573 (Dillard 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

Dillard v. State, 142 S.E. 573, 38 Ga. App. 35, 1928 Ga. App. LEXIS 14 (Ga. Ct. App. 1928).

Pincite

Opinion

Bboyles, C. J.

The evidence relied on by the State for the conviction of the accused was circumstantial and was not sufficient to exclude every reasonable hypothesis than that of his guilt. It follows that the trial court erred in refusing to grant a new trial.

Judgment reversed.

Lulce, J., concurs. Bloodworth, J., absent on account of illness. W. E. Mann, W. Gordon Mann, for plaintiff in error,

cited: 27 Ga. App. 581, 601, 603; 14 Ga. App. 610; 16 Ga. App. 201; 31 Ga. App. 784.

John 0. Mitchell, solicitor-general, contra,

cited: 32 Ga. App. 74; 29 Ga. App. 222; Park’s Penal Code Supp., vol. 11, § 448 (2).

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