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Phillips v. State

27 S.E. 699, 102 Ga. 594, 1897 Ga. LEXIS 651
CourtSupreme Court of Georgia
DecidedAugust 7, 1897
StatusPublished
Cited by5 cases

This text of 27 S.E. 699 (Phillips v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. State, 27 S.E. 699, 102 Ga. 594, 1897 Ga. LEXIS 651 (Ga. 1897).

Opinion

Fish, J.

1. This court can not consider a ground of a motion fora new trial, alleging error in admitting evidence over the movant’s objection, unless it distinctly appears that the objection insisted upon here was made and passed upon at the trial. There has been no departure from this rule, and it can not be varied, no matter how important or vital may be the question sought to be made as to the admissibility of the evidence in question.

2. The evidence in this case being entirely circumstantial, and not being sufficient to show the guilt of the accused beyond a reasonable doubt and to the exclusion of every other reasonable hypothesis, the ends of justice require a new trial. Judgment reversed.

All the Justices concurring.

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Related

Mack v. State
30 S.E.2d 795 (Court of Appeals of Georgia, 1944)
Mickle v. Moore
17 S.E.2d 728 (Supreme Court of Georgia, 1941)
Stewart v. State
140 S.E. 415 (Court of Appeals of Georgia, 1927)
Milliken v. State
130 S.E. 347 (Court of Appeals of Georgia, 1925)
Weldon v. State
123 S.E. 217 (Supreme Court of Georgia, 1924)

Cite This Page — Counsel Stack

Bluebook (online)
27 S.E. 699, 102 Ga. 594, 1897 Ga. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-state-ga-1897.