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Smith v. State

189 S.E. 923, 55 Ga. App. 287, 1937 Ga. App. LEXIS 72
Procedural entryThis page is a short order in Smith v. State. Read the opinion of the Court — 52 Ga. App. 88 →
Court of Appeals of Georgia·Decided February 23, 1937·No. 26090·Published

Opinion

Broyles, C. J.

The evidence tending to connect the defendant with the offense of simple larceny (hog-stealing) was wholly circumstantial, and, while raising a strong suspicion of his guilt, was insufficient to exclude every other reasonable hypothesis. It follows that the court erred in refusing to grant a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Smith v. State, 189 S.E. 923, 55 Ga. App. 287, 1937 Ga. App. LEXIS 72 (Ga. Ct. App. 1937).

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