Georgia Court of Appeals, 1923

Creech v. State

Creech v. State
Georgia Court of Appeals · Decided July 11, 1923 · Bloodworti, Broyles
30 Ga. App. 631; 118 S.E. 501; 1923 Ga. App. LEXIS 581

Creech v. State

Opinion of the Court

Bloodworti-i, J.

“The defendant was convicted on circumstantial evidence. The facts proved did not exclude every other reasonable 'hypothesis save that of the guilt of the accused, and the judge erred in overruling the motion for a new trial.” Harris v. State, 28 Ga. App. 24-1 (111 S. E. 214). Penal Code, § 1010.

Judgment reversed.

Luke, J., concurs. Broyles, G. J., dissents.

Dissenting Opinion

Broyles, C. J.,

dissenting. In my opinion the evidence was sufficient to exclude every reasonable hypothesis save that of the defendant’s guilt, and the overruling of the motion for a new trial was not error.

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