Miller v. State

Court of Appeals of Georgia

Miller v. State

136 S.E. 539, 36 Ga. App. 304, 1927 Ga. App. LEXIS 40

CourtCourt of Appeals of Georgia

DecidedJanuary 11, 1927

Docket17766

StatusPublished

This text of 136 S.E. 539 (Miller 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

Miller v. State, 136 S.E. 539, 36 Ga. App. 304, 1927 Ga. App. LEXIS 40 (Ga. Ct. App. 1927).

Pincite

Opinion

Luke, J.

The evidence as to the defendant’s carrying the pistol without a license being entirely circumstantial, and the proved facts failing to [305]*305exclude every other reasonable hypothesis than that of the guilt of the accused, the court erred in overruling the motion for a new trial.

Decided January 11, 1927. J. J. Harris, for plaintiff in error. George C. Evans, solicitor, contra.

Judgment reversed.

Broyles, C. J., concurs. Bloodworth, J., absent on account of illness.

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Luke, J.

The evidence as to the defendant’s carrying the pistol without a license being entirely circumstantial, and the proved facts failing to [305]*305exclude every other reasonable hypothesis than that of the guilt of the accused, the court erred in overruling the motion for a new trial.

Decided January 11, 1927. J. J. Harris, for plaintiff in error. George C. Evans, solicitor, contra.

Judgment reversed.

Broyles, C. J., concurs. Bloodworth, J., absent on account of illness.

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Bluebook (online)

136 S.E. 539, 36 Ga. App. 304, 1927 Ga. App. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-gactapp-1927.