Georgia Court of Appeals, 1909

Wilson v. State

Wilson v. State
Georgia Court of Appeals · Decided December 10, 1909 · Hill, Powell
7 Ga. App. 200; 66 S.E. 382; 1909 Ga. App. LEXIS 586

Wilson v. State

Dissenting Opinion

Powell, J.

I dissent. I think there is evidence to raise more than a mere suspicion. It was a jury question.

Opinion of the Court

Hill, C. J.

On the trial of a criminal case, where the proved circumstances raise only a bare suspicion of guilt, and are too weak and inconclusive to prove guilt, or to exclude a reasonable hypothesis of innocence, a verdict of conviction is without evidence to support it and should be set aside as contrary to law. Griffin v. State, 2 Ga. App. 534 (58 S. E. 781). Judgment reversed.

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