Georgia Court of Appeals, 1926

Toney v. State

Georgia Court of Appeals · Decided July 13, 1926 · Luke

35 Ga. App. 584; 134 S.E. 204; 1926 Ga. App. LEXIS 1008

Opinion of the Court

Luke, J.

The conviction in this case was dependent wholly and entirely upon circumstantial evidence; and while the evidence raised a suspicion against the defendant, it was not sufficient to exclude every reasonable *585hypothesis other than that of his guilt. The court erred in overruling the petition for certiorari.

Decided July 13, 1926. 0. G. Battle, for plaintiff in error. Boy Dorsey, solicitor, John A. Boyhm, solicitor-general, J. W. LeCraw, contra.

Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.

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