Hixon v. State

Court of Appeals of Georgia

Hixon v. State

142 S.E. 565, 38 Ga. App. 36, 1928 Ga. App. LEXIS 15

CourtCourt of Appeals of Georgia

DecidedMarch 7, 1928

Docket18664

StatusPublished

Cited by1 cases

This text of 142 S.E. 565 (Hixon 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

Hixon v. State, 142 S.E. 565, 38 Ga. App. 36, 1928 Ga. App. LEXIS 15 (Ga. Ct. App. 1928).

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Opinion

Beoyles, C. J.

The accused was convicted of robbery. There was direct evidence as to a “hold up” by the defendant, but the evidence as to his intent in so doing (whether he “held up” the person named in the indictment with the intent to rob him, or with the intent to give him a beating, or with the intent to procure his arrest for automobile speeding), was wholly circumstantial, and was not sufficient to exclude every reasonable hypothesis save that of his guilt of the offense charged. It follows that his conviction was unauthorized and that the refusal to grant a new trial was error.

Judgment reversed.

Luke, J., concurs. Bloodworlh, J., absent on account of illness.

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Beoyles, C. J.

The accused was convicted of robbery. There was direct evidence as to a “hold up” by the defendant, but the evidence as to his intent in so doing (whether he “held up” the person named in the indictment with the intent to rob him, or with the intent to give him a beating, or with the intent to procure his arrest for automobile speeding), was wholly circumstantial, and was not sufficient to exclude every reasonable hypothesis save that of his guilt of the offense charged. It follows that his conviction was unauthorized and that the refusal to grant a new trial was error.

Judgment reversed.

Luke, J., concurs. Bloodworlh, J., absent on account of illness.

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142 S.E. 565, 38 Ga. App. 36, 1928 Ga. App. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hixon-v-state-gactapp-1928.

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