Vance v. State

97 S.E. 275, 22 Ga. App. 800, 1918 Ga. App. LEXIS 770

Opinion

Harwell, J.

“The circumstances relied upon to support the verdict, weighed most strongly against the accused, are not incriminatory in character, and are only sufficient to raise a suspicion of guilt; and suspicion alone, however Strong and apparently well founded, has no probative value as evidence, "'and a verdict thereon, without more, is contrary to law.” Mathis v. State, 10 Ga. App. 77 (72 S. E. 526). The defendant was charged jvith the theft of twenty-five bushels of cottonseed from a certain gin-house. The evidence tending to connect him with the offense was wholly circumstantial, and insufficient to exclude every reasonable hypothesis save that of his guilt. Accordingly the court en-ed in overruling the motion for a new trial.

Judgment reversed.

Broyles, P. J., and Bloodworih, J., concur. G. E. Brunson, for plaintiff in error. B. E. Brown, solicitor, contra.