Georgia Court of Appeals, 1918

Vance v. State

Vance v. State
Georgia Court of Appeals · Decided November 7, 1918 · Harwell
22 Ga. App. 800; 97 S.E. 275; 1918 Ga. App. LEXIS 770

Vance v. State

Opinion of the Court

Harwell, J.

β€œThe 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.

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