Georgia Court of Appeals, 1928

Rivers v. State

Rivers v. State
Georgia Court of Appeals · Decided April 10, 1928 · Broyles
38 Ga. App. 140; 143 S.E. 126; 1928 Ga. App. LEXIS 93

Rivers v. State

Opinion of the Court

Broyles, O. J.

The evidence connecting the accused with the offense, charged, while circumstantial, was sufficient to authorize the jury to find that it excluded every reasonable hypothesis except that of his guilt. The cases cited in the brief of counsel for the plaintiff in error are differentiated by their particular facts from the instant case. The refusal to grant a new trial was not error.

Judgment affirmed.

Luke and Bloodworih, JJ., concur. E. L. Forrester, E. W. Feeny, for plaintiff in error,

cited: Penal Code (1910), § 1010; 130 Ga. 63; 1 Ga. App. 651; 33 Ga. App. 597-8; 36 Ga. App. 272-3; Id. 677-8; 25 Ga. App. 242; 30 Ga. App. 180, 181 (distinguished).

Jule Felton, solicitor-general, contra.

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