Moore v. State

Court of Appeals of Georgia

Moore v. State

162 S.E. 847, 44 Ga. App. 759, 1932 Ga. App. LEXIS 484

Procedural entryThis page is a short order in Moore v. State. Read the opinion of the Court — 48 Ga. App. 98 →

Court of Appeals of Georgia·Decided February 17, 1932·No. 21886·Published

Opinion

Luke, J.

The evidence is circumstantial, depending entirely upon “recent possession” of the hogs alleged to have been stolen. The defendant stated to the jury that he purchased and paid for the hogs, and substantiated his defense by the testimony of several witnesses. A careful reading of the brief of evidence satisfies this court that the evidence fails to exclude every reasonable hypothesis save that of the guilt of the accused.

[760]*760Decided February 17, 1932. O’Neal & O’Neal, for plaintiff in error. Robert B. Short, solicitor-general, contra.

Therefore, the judgment overruling the motion for a new trial is reversed upon the general grounds.

Judgment reversed.

Broyles, G. J., concurs. Blood-worth, J., absent on account of illness.

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Luke, J.

The evidence is circumstantial, depending entirely upon “recent possession” of the hogs alleged to have been stolen. The defendant stated to the jury that he purchased and paid for the hogs, and substantiated his defense by the testimony of several witnesses. A careful reading of the brief of evidence satisfies this court that the evidence fails to exclude every reasonable hypothesis save that of the guilt of the accused.

[760]*760Decided February 17, 1932. O’Neal & O’Neal, for plaintiff in error. Robert B. Short, solicitor-general, contra.

Therefore, the judgment overruling the motion for a new trial is reversed upon the general grounds.

Judgment reversed.

Broyles, G. J., concurs. Blood-worth, J., absent on account of illness.

Moore v. State, 162 S.E. 847, 44 Ga. App. 759, 1932 Ga. App. LEXIS 484 (Ga. Ct. App. 1932).

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