Haynie v. State

Court of Appeals of Georgia

Haynie v. State

167 S.E. 612, 46 Ga. App. 310, 1933 Ga. App. LEXIS 38

CourtCourt of Appeals of Georgia

DecidedJanuary 25, 1933

Docket22624

StatusPublished

This text of 167 S.E. 612 (Haynie 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

Haynie v. State, 167 S.E. 612, 46 Ga. App. 310, 1933 Ga. App. LEXIS 38 (Ga. Ct. App. 1933).

Pincite

Opinion

Broyles, O. J.

Tlie accused was convicted of cheating and swindling, on an accusation drawn under section 706 of the Penal Code, which provides as follows: “If any person shall knomngly [italics ours] buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be punished as for a misdemeanor.” The evidence tending to connect the defendant with the offense charged was wholly circumstantial and was not sufficient to exclude every reasonable hypothesis save that of his guilt. It follows that the trial judge, sitting without the intervention of a jury, erred in finding the defendant guilty, and that the judge of the superior court erred in overruling the certiorari.

Judgment reversed.

MacIntyre and Querry, JJ., concur.

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Broyles, O. J.

Tlie accused was convicted of cheating and swindling, on an accusation drawn under section 706 of the Penal Code, which provides as follows: “If any person shall knomngly [italics ours] buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be punished as for a misdemeanor.” The evidence tending to connect the defendant with the offense charged was wholly circumstantial and was not sufficient to exclude every reasonable hypothesis save that of his guilt. It follows that the trial judge, sitting without the intervention of a jury, erred in finding the defendant guilty, and that the judge of the superior court erred in overruling the certiorari.

Judgment reversed.

MacIntyre and Querry, JJ., concur.

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Bluebook (online)

167 S.E. 612, 46 Ga. App. 310, 1933 Ga. App. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haynie-v-state-gactapp-1933.