Georgia Court of Appeals, 1927

Gray v. State

Gray v. State
Georgia Court of Appeals · Decided July 14, 1927 · Bloodworth
37 Ga. App. 123; 138 S.E. 916; 1927 Ga. App. LEXIS 513

Gray v. State

Opinion of the Court

Bloodworth, J.

These defendants were indicted separately but tried together. The evidence as to both was the same, was en*124tirely circumstantial, and was not sufficient as to either defendant to exclude every reasonable hypothesis save that of his guilt. It follows that the court erred in overruling the motion for a new trial. Clifton v. State, 34 Ga. App. 590 (130 S. E. 359); Wilson v. State, 32 Ga. App. 427 (123 S. E. 623), and cit.; Toney v. State, 30 Ga. App. 61 (116 S. E. 550); Vaughn v. State, 29 Ga. App. 388 (115 S. E. 670).

Judgment reversed.

Broyles, C. J., and Lulce, J., concur.

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