New v. State

52 S.E. 160, 124 Ga. 143, 1905 Ga. LEXIS 674
Supreme Court of Georgia·Decided November 10, 1905·Published·Cited by 1 cases

Opinion

Pish, C. J.

The evidence against the accused was entirely circumstantial, and at most authorized a mere suspicion of his guilt; whereas to warrant a conviction the evidence should have been sufficient to exclude every reasonable hypothesis save that of his guilt. The court, therefore, erred in refusing a new trial.

Judgment reversed.

All the Justices concur.

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New v. State, 52 S.E. 160, 124 Ga. 143, 1905 Ga. LEXIS 674 (Ga. 1905).

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82 S.E. 378 (Court of Appeals of Georgia, 1914)