Miller v. State

Court of Appeals of Georgia

Miller v. State

183 S.E. 214, 52 Ga. App. 383, 1936 Ga. App. LEXIS 640

CourtCourt of Appeals of Georgia

DecidedJanuary 10, 1936

Docket25345

StatusPublished

This text of 183 S.E. 214 (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, 183 S.E. 214, 52 Ga. App. 383, 1936 Ga. App. LEXIS 640 (Ga. Ct. App. 1936).

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Opinion

Broyles, C. J.

The evidence tending to connect the accused with the

offense charged (burglary) was wholly circumstantial (the incriminatory statement made by the defendant not amounting to a confession, and not being direct evidence), and, while raising a strong suspicion against him, was not sufficient to exclude every reasonable hypothesis save that of his guilt. The court erred in overruling the motion for a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

The evidence tending to connect the accused with the

offense charged (burglary) was wholly circumstantial (the incriminatory statement made by the defendant not amounting to a confession, and not being direct evidence), and, while raising a strong suspicion against him, was not sufficient to exclude every reasonable hypothesis save that of his guilt. The court erred in overruling the motion for a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

183 S.E. 214, 52 Ga. App. 383, 1936 Ga. App. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-gactapp-1936.