Morgan v. State

Court of Appeals of Georgia

Morgan v. State

150 S.E. 452, 40 Ga. App. 524, 1929 Ga. App. LEXIS 625

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1929

Docket19911

StatusPublished

This text of 150 S.E. 452 (Morgan 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

Morgan v. State, 150 S.E. 452, 40 Ga. App. 524, 1929 Ga. App. LEXIS 625 (Ga. Ct. App. 1929).

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Opinion

Broyles, C. J.

1. The evidence tending to connect the accused with the offense charged (manufacturing whisky) was wholly circumstantial and was not sufficient to exclude every other reasonable hypothesis than that of his guilt. It follows that the verdict of guilty was contrary to law and the evidence, and the refusal to grant him a new trial was error.

2. The above-stated ruling being controlling in the case, it is unnecessary to consider the special assignments of error.

Judgment reversed.

Luhe and Blood/worth, JJ., concur.

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Broyles, C. J.

1. The evidence tending to connect the accused with the offense charged (manufacturing whisky) was wholly circumstantial and was not sufficient to exclude every other reasonable hypothesis than that of his guilt. It follows that the verdict of guilty was contrary to law and the evidence, and the refusal to grant him a new trial was error.

2. The above-stated ruling being controlling in the case, it is unnecessary to consider the special assignments of error.

Judgment reversed.

Luhe and Blood/worth, JJ., concur.

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Bluebook (online)

150 S.E. 452, 40 Ga. App. 524, 1929 Ga. App. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-state-gactapp-1929.