Vance v. State

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

• Court: Court of Appeals of Georgia
• Decided: November 7, 1918
• Docket: 9658
• Status: Published

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.