Toney v. State

Court of Appeals of Georgia

Toney v. State

134 S.E. 204, 35 Ga. App. 584, 1926 Ga. App. LEXIS 1008

CourtCourt of Appeals of Georgia

DecidedJuly 13, 1926

Docket17431

StatusPublished

Cited by1 cases

This text of 134 S.E. 204 (Toney 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

Toney v. State, 134 S.E. 204, 35 Ga. App. 584, 1926 Ga. App. LEXIS 1008 (Ga. Ct. App. 1926).

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Opinion

Luke, J.

The conviction in this case was dependent wholly and entirely upon circumstantial evidence; and while the evidence raised a suspicion against the defendant, it was not sufficient to exclude every reasonable [585]*585hypothesis other than that of his guilt. The court erred in overruling the petition for certiorari.

Decided July 13, 1926. 0. G. Battle, for plaintiff in error. Boy Dorsey, solicitor, John A. Boyhm, solicitor-general, J. W. LeCraw, contra.

Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.

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