Georgia Court of Appeals, 1933

Maddox v. State

Maddox v. State
Georgia Court of Appeals · Decided March 24, 1933 · Guerry
46 Ga. App. 664; 168 S.E. 787; 1933 Ga. App. LEXIS 171

Maddox v. State

Opinion of the Court

Guerry, J.

The evidence in this case was wholly circumstantial, and creates a mere suspicion as to the guilt of the accused, which is not sufficient. Bush v. State, 7 Ga. App. 607 (67 S. E. 685). It did not exclude every reasonable hypothesis save that of the guilt of the accused, and the court erred in overruling the motion for' a new trial. Calhoun v. State, 9 Ga. App. 501 (71 S. E. 765).

Judgment reversed.

Broyles, G. J., and MacIntyre, J., concur. William J. Cooley, Pemberton Cooley, Alexander Stephens, for plaintiff in error. Clifford Pratt, solicitor-general, contra.

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