Maddox v. State

Court of Appeals of Georgia

Maddox v. State

168 S.E. 787, 46 Ga. App. 664, 1933 Ga. App. LEXIS 171

Court of Appeals of Georgia·Decided March 24, 1933·No. 22915·Published

Opinion

Guerry, J.

The evidence in this case was wholly circumstantial, and creates a mere suspicion as to the guilt of the accused, which is not sufficient. Bush v. State, 7 Ga. App. 607 (67 S. E. 685). It did not exclude every reasonable hypothesis save that of the guilt of the accused, and the court erred in overruling the motion for' a new trial. Calhoun v. State, 9 Ga. App. 501 (71 S. E. 765).

Judgment reversed.

Broyles, G. J., and MacIntyre, J., concur. William J. Cooley, Pemberton Cooley, Alexander Stephens, for plaintiff in error. Clifford Pratt, solicitor-general, contra.

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Guerry, J.

The evidence in this case was wholly circumstantial, and creates a mere suspicion as to the guilt of the accused, which is not sufficient. Bush v. State, 7 Ga. App. 607 (67 S. E. 685). It did not exclude every reasonable hypothesis save that of the guilt of the accused, and the court erred in overruling the motion for' a new trial. Calhoun v. State, 9 Ga. App. 501 (71 S. E. 765).

Judgment reversed.

Broyles, G. J., and MacIntyre, J., concur. William J. Cooley, Pemberton Cooley, Alexander Stephens, for plaintiff in error. Clifford Pratt, solicitor-general, contra.

Maddox v. State, 168 S.E. 787, 46 Ga. App. 664, 1933 Ga. App. LEXIS 171 (Ga. Ct. App. 1933).

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