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

Court of Appeals of Georgia·Decided November 21, 1942·No. 29558.·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

22 S.E.2d 860 (Mattox v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.