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Gray v. State

138 S.E. 916, 37 Ga. App. 123, 1927 Ga. App. LEXIS 513
CourtCourt of Appeals of Georgia
DecidedJuly 14, 1927
Docket18204, 18205
StatusPublished

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

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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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)

Cite This Page — Counsel Stack

Bluebook (online)
138 S.E. 916, 37 Ga. App. 123, 1927 Ga. App. LEXIS 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-state-gactapp-1927.