Ferguson v. State

Court of Appeals of Georgia

Ferguson v. State

190 S.E. 60, 55 Ga. App. 445, 1937 Ga. App. LEXIS 124

Court of Appeals of Georgia·Decided February 20, 1937·No. 26060, 26061·Published

Opinion

Broyxes, C. J.

1. The defendants were jointly indicted for the offense of burglary, were tried together, and both were convicted of the offense charged. The excerpts from the charge to the jury complained of in the motions for new trial, when considered in the light of the entire charge and the facts of the cases, show no cause for a new trial.

2. The evidence, while circumstantial, was sufficient to exclude every reasonable hypothesis save that of the defendants’ guilt. The refusal of a new trial was not error.

Judgments affirmed.

MacIntyre and Guerry, JJ., concur.

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Broyxes, C. J.

1. The defendants were jointly indicted for the offense of burglary, were tried together, and both were convicted of the offense charged. The excerpts from the charge to the jury complained of in the motions for new trial, when considered in the light of the entire charge and the facts of the cases, show no cause for a new trial.

2. The evidence, while circumstantial, was sufficient to exclude every reasonable hypothesis save that of the defendants’ guilt. The refusal of a new trial was not error.

Judgments affirmed.

MacIntyre and Guerry, JJ., concur.

Ferguson v. State, 190 S.E. 60, 55 Ga. App. 445, 1937 Ga. App. LEXIS 124 (Ga. Ct. App. 1937).

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