Georgia Court of Appeals, 1929

Morgan v. State

Morgan v. State
Georgia Court of Appeals · Decided November 13, 1929 · Broyles
40 Ga. App. 524; 150 S.E. 452; 1929 Ga. App. LEXIS 625

Morgan v. State

Opinion of the Court

Broyles, C. J.

1. The evidence tending to connect the accused with the offense charged (manufacturing whisky) was wholly circumstantial and was not sufficient to exclude every other reasonable hypothesis than that of his guilt. It follows that the verdict of guilty was contrary to law and the evidence, and the refusal to grant him a new trial was error.

2. The above-stated ruling being controlling in the case, it is unnecessary to consider the special assignments of error.

Judgment reversed.

Luhe and Blood/worth, JJ., concur.

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