Richardson v. State

Court of Appeals of Georgia

Richardson v. State

117 S.E. 253, 30 Ga. App. 130, 1923 Ga. App. LEXIS 307

CourtCourt of Appeals of Georgia

DecidedApril 10, 1923

Docket14259

StatusPublished

This text of 117 S.E. 253 (Richardson 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

Richardson v. State, 117 S.E. 253, 30 Ga. App. 130, 1923 Ga. App. LEXIS 307 (Ga. Ct. App. 1923).

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Opinion

Luke, J.

The defendant was convicted of the offense of burglary. His conviction was dependent wholly and entirely upon circumstantial evidence. One other defendant confessed to the burglary, but testified upon the trial of this defendant that while he had a partner in the commission of the offense, the defendant on trial was not the partner. From a careful examination of the evidence in this case, we are of the opinion that, while a strong suspicion is raised, the evidence is not sufficient to exclude every reasonable hypothesis other than that of the guilt of the defendant. It was error to overrule the motion for a new trial.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

The defendant was convicted of the offense of burglary. His conviction was dependent wholly and entirely upon circumstantial evidence. One other defendant confessed to the burglary, but testified upon the trial of this defendant that while he had a partner in the commission of the offense, the defendant on trial was not the partner. From a careful examination of the evidence in this case, we are of the opinion that, while a strong suspicion is raised, the evidence is not sufficient to exclude every reasonable hypothesis other than that of the guilt of the defendant. It was error to overrule the motion for a new trial.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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Bluebook (online)

117 S.E. 253, 30 Ga. App. 130, 1923 Ga. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-state-gactapp-1923.