Moore v. State
This text of 92 S.E.2d 313 (Moore 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.
Opinion
The State failed to identify the tracks as those of the defendant. See Patton v. State, 117 Ga. 230 (43 S. E. 533) *583 and Cummings v. State, 110 Ga. 293 (35 S. E. 117). In our opinion the evidence, wholly circumstantial, did not negative every reasonable hypothesis save that of the guilt of the accused. See Corbin v. State, 84 Ga. App. 763 (67 S. E. 2d 478). See also Wilson v. State, 32 Ga. App. 427 (123 S. E. 623); Kinsey v. State, 40 Ga. App. 707 (151 S. E. 394) and Ralston v. State, 66 Ga. App. 62 (17 S. E. 2d 81).
The trial court erred in overruling the motion for a new trial.
Judgment reversed.
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Cite This Page — Counsel Stack
92 S.E.2d 313, 93 Ga. App. 582, 1956 Ga. App. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-gactapp-1956.