Miller v. State

183 S.E. 214, 52 Ga. App. 383, 1936 Ga. App. LEXIS 640
Procedural entryThis page is a short order in Miller v. State. Read the opinion of the Court — 53 Ga. App. 275
Court of Appeals of Georgia·Decided January 10, 1936·No. 25345·Published

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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Miller v. State, 183 S.E. 214, 52 Ga. App. 383, 1936 Ga. App. LEXIS 640 (Ga. Ct. App. 1936).

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