Shay v. State

Supreme Court of Georgia

Shay v. State

37 S.E. 884, 112 Ga. 541

CourtSupreme Court of Georgia

DecidedJanuary 24, 1901

StatusPublished

Cited by1 cases

This text of 37 S.E. 884 (Shay 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

Shay v. State, 37 S.E. 884, 112 Ga. 541 (Ga. 1901).

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Opinion

Lewis, J.

There is no merit in any of the special grounds of the motion for a new trial; but as the testimony tending to connect the plaintiff in error with the commission of the crime was entirely circumstantial, and, though consistent with the theory that he was guilty, not sufficient either to show beyond a reasonable doubt that he was so or to exclude every reasonable hypothesis save that of his guilt, the conviction was unwarranted, and the trial judge should have granted a new trial.

Judgment reversed.

All the Justices concurring.

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Lewis, J.

There is no merit in any of the special grounds of the motion for a new trial; but as the testimony tending to connect the plaintiff in error with the commission of the crime was entirely circumstantial, and, though consistent with the theory that he was guilty, not sufficient either to show beyond a reasonable doubt that he was so or to exclude every reasonable hypothesis save that of his guilt, the conviction was unwarranted, and the trial judge should have granted a new trial.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)

37 S.E. 884, 112 Ga. 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shay-v-state-ga-1901.

Opinion

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