Mattox v. State

Court of Appeals of Georgia

Mattox v. State

22 S.E.2d 860, 68 Ga. App. 392, 1942 Ga. App. LEXIS 135

CourtCourt of Appeals of Georgia

DecidedNovember 21, 1942

Docket29558.

StatusPublished

This text of 22 S.E.2d 860 (Mattox 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.

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Mattox v. State, 22 S.E.2d 860, 68 Ga. App. 392, 1942 Ga. App. LEXIS 135 (Ga. Ct. App. 1942).

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Opinion

Per Curiam.

Tlie defendant was convicted of burglary. The evidence tending to connect him with the offense was wholly circumstantial and was insufficient to exclude every reasonable hypothesis save that of his guilt. The denial of a new trial was error. We can not see that it would avail anything to detail the evidence and elaborate further. After a careful consideration of the evidence, the majority of this court is of the opinion that the judgment should be reversed for the reason stated.

Judgment reversed.

Broyles, O. J. and' Gardner, J., concur. MacIntyre, J., dissents.

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Per Curiam.

Tlie defendant was convicted of burglary. The evidence tending to connect him with the offense was wholly circumstantial and was insufficient to exclude every reasonable hypothesis save that of his guilt. The denial of a new trial was error. We can not see that it would avail anything to detail the evidence and elaborate further. After a careful consideration of the evidence, the majority of this court is of the opinion that the judgment should be reversed for the reason stated.

Judgment reversed.

Broyles, O. J. and' Gardner, J., concur. MacIntyre, J., dissents.

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Bluebook (online)

22 S.E.2d 860, 68 Ga. App. 392, 1942 Ga. App. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattox-v-state-gactapp-1942.