Whitehead v. State
Whitehead v. State
Opinion of the Court
In the opinion of the majority of this court the evidence (which was wholly circumstantial) was insufficient to exclude every reasonable hypothesis save that of the guilt of the accused, and the refusal to grant a new trial was error. The writer thinks that the evidence was sufficient to authorize the jury to find that it excluded every reasonable hypothesis except that of the defendant’s guilt. See, in this connection, Yonce v. State, 154 Ga. 419 (114 S. E. 325); Flint v. State, 29 Ga. App. 222 (114 S. E. 585); Jones v. State, 36 Ga. App. 264 (136 S. E. 542).
Judgment reversed.
cited Ga. App. Rep.: 2/534; 7/607; 14/598; 16/291, 293-4; 25/242, 258; 27/581, 601, 603; 28/347, 363; 29/24.
cited Ga. App. Rep.: 29/173, 222; 35/581; 36/364(2); 154 Ga. 419.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.