McCollum v. State

Court of Appeals of Georgia

McCollum v. State

120 S.E. 557, 31 Ga. App. 191, 1923 Ga. App. LEXIS 837

DecidedNovember 15, 1923

StatusPublished

This text of 120 S.E. 557 (McCollum 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

McCollum v. State, 120 S.E. 557, 31 Ga. App. 191, 1923 Ga. App. LEXIS 837 (Ga. Ct. App. 1923).

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Opinion

Luke, J.*

McCollum was convicted of violating the prohibition statute. He asks a new trial upon two grounds: (a) because the evidence does not authorize the verdict, and (5) because of newly discovered evidence. The conviction was dependent wholly upon circumstantial evidence. The evidence, while throwing suspicion of guilt upon the accused, does not meet the requirement of law as to conclusiveness. For the reason that the evidence did not authorize the conviction, it was error for the court to overrule the motion for a new trial.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.*

McCollum was convicted of violating the prohibition statute. He asks a new trial upon two grounds: (a) because the evidence does not authorize the verdict, and (5) because of newly discovered evidence. The conviction was dependent wholly upon circumstantial evidence. The evidence, while throwing suspicion of guilt upon the accused, does not meet the requirement of law as to conclusiveness. For the reason that the evidence did not authorize the conviction, it was error for the court to overrule the motion for a new trial.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

120 S.E. 557, 31 Ga. App. 191, 1923 Ga. App. LEXIS 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccollum-v-state-gactapp-1923.