Gray v. State

138 S.E. 916, 37 Ga. App. 123, 1927 Ga. App. LEXIS 513
Procedural entryThis page is a short order in Gray v. State. Read the opinion of the Court — 33 Ga. App. 596
Court of Appeals of Georgia·Decided July 14, 1927·No. 18204, 18205·Published

Opinion

Bloodworth, J.

These defendants were indicted separately but tried together. The evidence as to both was the same, was en[124]*124tirely circumstantial, and was not sufficient as to either defendant to exclude every reasonable hypothesis save that of his guilt. It follows that the court erred in overruling the motion for a new trial. Clifton v. State, 34 Ga. App. 590 (130 S. E. 359); Wilson v. State, 32 Ga. App. 427 (123 S. E. 623), and cit.; Toney v. State, 30 Ga. App. 61 (116 S. E. 550); Vaughn v. State, 29 Ga. App. 388 (115 S. E. 670).

Judgment reversed.

Broyles, C. J., and Lulce, J., concur.

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Gray v. State, 138 S.E. 916, 37 Ga. App. 123, 1927 Ga. App. LEXIS 513 (Ga. Ct. App. 1927).

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Related

Vaughn v. State
115 S.E. 670 (Court of Appeals of Georgia, 1923)
Toney v. State
116 S.E. 550 (Court of Appeals of Georgia, 1923)
Wilson v. State
123 S.E. 623 (Court of Appeals of Georgia, 1924)
Clifton v. State
130 S.E. 359 (Court of Appeals of Georgia, 1925)