Leonard v. State

Court of Appeals of Georgia

Leonard v. State

86 S.E. 463, 17 Ga. App. 267, 1915 Ga. App. LEXIS 329

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1915

Docket6580

StatusPublished

Cited by1 cases

This text of 86 S.E. 463 (Leonard 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

Leonard v. State, 86 S.E. 463, 17 Ga. App. 267, 1915 Ga. App. LEXIS 329 (Ga. Ct. App. 1915).

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Opinion

Broyles, J.

1. In a case in which the State relies exclusively upon circumstantial evidence for a conviction, it is the duty of the judge, whether so requested or not, to instruct the jury that, before they" would be authorized to convict, the evidence must connect the accused with the perpetration of the alleged crime, and must be not only consistent with his guilt but inconsistent with every other reasonable hypothesis. But in a case in which the evidence relied upon by the prosecution is not entirely circumstantial, a new trial will not be granted merely because the judge, in the absence of a timely written request, failed so to charge. Jordan v. State, 9 Ga. App. 578 (71 S. E. 875); McElroy v. State, 125 Ga. 37 (53 S. E. 759); Smith v. State, 125 Ga. 296 (54 S. E. 127).

2. The verdict was supported by the evidence, and no error of law appears.

3. The assignments of error not referred to in the brief of counsel for plaintiff in error are deemed abandoned.

Judgment affirmed.

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Broyles, J.

1. In a case in which the State relies exclusively upon circumstantial evidence for a conviction, it is the duty of the judge, whether so requested or not, to instruct the jury that, before they" would be authorized to convict, the evidence must connect the accused with the perpetration of the alleged crime, and must be not only consistent with his guilt but inconsistent with every other reasonable hypothesis. But in a case in which the evidence relied upon by the prosecution is not entirely circumstantial, a new trial will not be granted merely because the judge, in the absence of a timely written request, failed so to charge. Jordan v. State, 9 Ga. App. 578 (71 S. E. 875); McElroy v. State, 125 Ga. 37 (53 S. E. 759); Smith v. State, 125 Ga. 296 (54 S. E. 127).

2. The verdict was supported by the evidence, and no error of law appears.

3. The assignments of error not referred to in the brief of counsel for plaintiff in error are deemed abandoned.

Judgment affirmed.

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Bluebook (online)

86 S.E. 463, 17 Ga. App. 267, 1915 Ga. App. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-state-gactapp-1915.

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