Georgia Court of Appeals, 1922

Martin v. State

Martin v. State
Georgia Court of Appeals · Decided March 7, 1922 · Luke
28 Ga. App. 348; 111 S.E. 583; 1922 Ga. App. LEXIS 503

Martin v. State

Opinion of the Court

Luke, J.

The defendant was convicted of the offense of larceny from the house. He was convicted solely upon circumstantial testimony. The evidence, while raising a suspicion of his guilt, does not exclude every other reasonable hypothesis than that of guilt. For the reason that the verdict was not authorized by the evidence, it was error to overrule the motion for a new trial.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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