Georgia Court of Appeals, 1927

Smith v. State

Smith v. State
Georgia Court of Appeals · Decided April 12, 1927 · Broyles
36 Ga. App. 630; 137 S.E. 791; 1927 Ga. App. LEXIS 199

Smith v. State

Opinion of the Court

Broyles, C. J.

The evidence relied on for a conviction in this ease was wholly circumstantial, and was not sufficient to exclude every reasonable hypothesis except that of the guilt of the accused. It follows that the refusal to 'grant a new trial was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur. F. P. & J. Cecil Davis, for plaintiff in error. M. L. Felts, solicitor-general, contra.

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