Georgia Court of Appeals, 1936

Miller v. State

Miller v. State
Georgia Court of Appeals · Decided January 10, 1936 · Broyles
52 Ga. App. 383; 183 S.E. 214; 1936 Ga. App. LEXIS 640

Miller v. State

Opinion of the Court

Broyles, C. J.

The evidence tending to connect the accused with the

offense charged (burglary) was wholly circumstantial (the incriminatory statement made by the defendant not amounting to a confession, and not being direct evidence), and, while raising a strong suspicion against him, was not sufficient to exclude every reasonable hypothesis save that of his guilt. The court erred in overruling the motion for a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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