Dupree v. State

Court of Appeals of Georgia

Dupree v. State

37 S.E.2d 235, 73 Ga. App. 515, 1946 Ga. App. LEXIS 349

CourtCourt of Appeals of Georgia

DecidedFebruary 28, 1946

Docket31123.

StatusPublished

Cited by1 cases

This text of 37 S.E.2d 235 (Dupree 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.

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Dupree v. State, 37 S.E.2d 235, 73 Ga. App. 515, 1946 Ga. App. LEXIS 349 (Ga. Ct. App. 1946).

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Opinions

Broyles, C. J.

The defendant was convicted of simple larceny (hog stealing ). The evidence tending to connect him with that offense was wholly circumstantial, and was insufficient to exclude every reasonable hypothesis except that of his guilt. His conviction, therefore, was contrary ■ to law and the evidence, and the denial of a new trial was error. The facts in this case are not as strong in favor of the State as those in Carter v. State, 57 Ga. App. 180 (194 S. E. 842), where this court held that “the evidence was insufficient to show that the property [a hog] which the defendant had in his possession was the property described in the indictment as having been stolen; and there being no other sufficient proof of the defendant’s guilt, the verdict was not supported by the evidence.” The ease cited in the dissenting opinion is differentiated by its particular facts from this case.

Judgment reversed.

Sutton, P. J., MacIntyre, Felton and Parker, JJ., concur.

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Broyles, C. J.

The defendant was convicted of simple larceny (hog stealing ). The evidence tending to connect him with that offense was wholly circumstantial, and was insufficient to exclude every reasonable hypothesis except that of his guilt. His conviction, therefore, was contrary ■ to law and the evidence, and the denial of a new trial was error. The facts in this case are not as strong in favor of the State as those in Carter v. State, 57 Ga. App. 180 (194 S. E. 842), where this court held that “the evidence was insufficient to show that the property [a hog] which the defendant had in his possession was the property described in the indictment as having been stolen; and there being no other sufficient proof of the defendant’s guilt, the verdict was not supported by the evidence.” The ease cited in the dissenting opinion is differentiated by its particular facts from this case.

Judgment reversed.

Sutton, P. J., MacIntyre, Felton and Parker, JJ., concur.

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Bluebook (online)

37 S.E.2d 235, 73 Ga. App. 515, 1946 Ga. App. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupree-v-state-gactapp-1946.

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