Georgia Court of Appeals, 1922

Davis v. State

Davis v. State
Georgia Court of Appeals · Decided March 8, 1922 · Luke
28 Ga. App. 363; 111 S.E. 221; 1922 Ga. App. LEXIS 517

Davis v. State

Opinion of the Court

Luke, J.

The State depended upon circumstantial evidence to convict the defendant, and the evidence did not exclude every reasonable hypothesis save that of his guilt. The verdict of guilty was, therefore, unauthorized, and the court erred in overruling the motion for a new trial. Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur. Gilbert c. Robinson, W. V. Harvard, for plaintiff in error. J. B. Wall, solicitor-general, contra.

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