Rice v. State

Supreme Court of Georgia

Rice v. State

45 Ga. 526

DecidedJanuary 15, 1872

StatusPublished

This text of 45 Ga. 526 (Rice 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

Rice v. State, 45 Ga. 526 (Ga. 1872).

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Opinion

Warner, Chief Justice.

The defendant was indicted in the Court below for the offense of simple larceny, and on the trial, the jury returned a verdict of guilty. A motion was made for a new trial, which was overruled by the Court, and the defendant excepted. In our judgment, the verdict of the jury was strongly and decidedly against the weight of the evidence, and without sufficient evidence, under the law, to authorize a conviction for the offense alleged in the indictment. The circumstantial evidence was not sufficient to establish the hypothesis of the defendant’s guilt, as claimed by the State.

Let the judgment of the Court below be reversed.

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Warner, Chief Justice.

The defendant was indicted in the Court below for the offense of simple larceny, and on the trial, the jury returned a verdict of guilty. A motion was made for a new trial, which was overruled by the Court, and the defendant excepted. In our judgment, the verdict of the jury was strongly and decidedly against the weight of the evidence, and without sufficient evidence, under the law, to authorize a conviction for the offense alleged in the indictment. The circumstantial evidence was not sufficient to establish the hypothesis of the defendant’s guilt, as claimed by the State.

Let the judgment of the Court below be reversed.

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Bluebook (online)

45 Ga. 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-state-ga-1872.