McGhee v. State

Court of Appeals of Georgia

McGhee v. State

143 S.E. 125, 38 Ga. App. 144, 1928 Ga. App. LEXIS 95

CourtCourt of Appeals of Georgia

DecidedApril 11, 1928

Docket18730

StatusPublished

This text of 143 S.E. 125 (McGhee 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

McGhee v. State, 143 S.E. 125, 38 Ga. App. 144, 1928 Ga. App. LEXIS 95 (Ga. Ct. App. 1928).

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Opinion

Brovues, O. J.

The evidence adduced to establish the defendant’s guilt of possessing intoxicating liquor was circumstantial, and was not sufficient to exclude every reasonable hypothesis save that of his guilt. It follows that the verdict in favor of the State was unauthorized, and the refusal to grant a new trial was error.

Judgment reversed.

Luke cmd Bloodworth, JJ., concur. Porter & Mebcme, for plaintiff in error. J. F. Kelly, solicitor-general, M. Neil Andrews, contra.

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Brovues, O. J.

The evidence adduced to establish the defendant’s guilt of possessing intoxicating liquor was circumstantial, and was not sufficient to exclude every reasonable hypothesis save that of his guilt. It follows that the verdict in favor of the State was unauthorized, and the refusal to grant a new trial was error.

Judgment reversed.

Luke cmd Bloodworth, JJ., concur. Porter & Mebcme, for plaintiff in error. J. F. Kelly, solicitor-general, M. Neil Andrews, contra.

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Bluebook (online)

143 S.E. 125, 38 Ga. App. 144, 1928 Ga. App. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcghee-v-state-gactapp-1928.