Georgia Court of Appeals, 1919

Amason v. State

Amason v. State
Georgia Court of Appeals · Decided June 9, 1919 · Broyles
23 Ga. App. 784; 99 S.E. 631; 1919 Ga. App. LEXIS 347

Amason v. State

Opinion of the Court

Broyles, P. J.

The conviction of the accused depended wholly upon circumstantial evidence. The court therefore erred in failing, even in the absence of a timely written request, to charge the law of circumstantial • evidence. While “it is immaterial what language is employed to convey this instruction” (Mangum v. State, 5 Ga. App. 445, 63 8. E. 543; Bush v. State,: 23 Ga. App. 126, 97 S. E. 554), there was no language in the charge in the instant case which sufficiently presented it. Because of this error a new trial is required.

Judgment reversed.

Bloodworth and Stephens,.JJ., concur.

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