Jackson v. State

95 S.E. 537, 22 Ga. App. 131, 1918 Ga. App. LEXIS 192

Opinion

Broyles, P. J.

The conviction was not authorized by the evidence, and the' court erred in refusing to grant a new trial.

Judgment reversed.

Bloodworth and Harwell, JJ.,- concur.

S. A. Nix testified: “On the day that Mr. E. L. Whitworth came to the oil-mill inquiring for some.seed I bought a small load of cottonseed from Eobert Jackson. There were five or six hundred pounds in the load. Mr. Whitworth came asking about the seed about 8 o’clock a. m., and I had bought these seed about one hour before that. I don’t remember whether I had bought other seed from other parties that day or not. At that time there were several other cottonseed buyers buying seed at Camilla.” There was no additional evidence. -

Charles Walt Jr., for plaintiff in error.