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Georgia Court of Appeals, 1928

Dillard v. State

Dillard v. State
Georgia Court of Appeals · Decided March 7, 1928 · Bboyles
38 Ga. App. 35; 142 S.E. 573; 1928 Ga. App. LEXIS 14

Dillard v. State

Opinion of the Court

Bboyles, C. J.

The evidence relied on by the State for the conviction of the accused was circumstantial and was not sufficient to exclude every reasonable hypothesis than that of his guilt. It follows that the trial court erred in refusing to grant a new trial.

Judgment reversed.

Lulce, J., concurs. Bloodworth, J., absent on account of illness. W. E. Mann, W. Gordon Mann, for plaintiff in error,

cited: 27 Ga. App. 581, 601, 603; 14 Ga. App. 610; 16 Ga. App. 201; 31 Ga. App. 784.

John 0. Mitchell, solicitor-general, contra,

cited: 32 Ga. App. 74; 29 Ga. App. 222; Park’s Penal Code Supp., vol. 11, § 448 (2).

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

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