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Georgia Court of Appeals, 1922

Gibbs v. State

Gibbs v. State
Georgia Court of Appeals · Decided July 25, 1922 · Broyles
29 Ga. App. 55; 113 S.E. 107; 1922 Ga. App. LEXIS 54

Gibbs v. State

Opinion of the Court

Broyles, C. J.

The circumstantial evidence relied upon to convict the defendant was not sufficient to exclude every reasonable hypothesis save that of his guilt, and therefore the court erred in overruling his motion for a new trial.

■Judgment reversed.

Luke and Bloodworth, JJ., concur. Smith & Christian, for plaintiff in error,

cited: 25 Ga. App. 427; 27 Ga. App. 581; Id. 582; Id. 603.

R. JE. Dinsmore, contra,

cited: 55 Ga. 326 (6); 59 Ga. 738 (6); 73 Ga. 76 (1).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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