Georgia Court of Appeals, 1937

Smith v. State

Smith v. State
Georgia Court of Appeals · Decided February 23, 1937 · Broyles
55 Ga. App. 287; 189 S.E. 923; 1937 Ga. App. LEXIS 72

Smith v. State

Opinion of the Court

Broyles, C. J.

The evidence tending to connect the defendant with the offense of simple larceny (hog-stealing) was wholly circumstantial, and, while raising a strong suspicion of his guilt, was insufficient to exclude every other reasonable hypothesis. It follows that the court erred in refusing to grant a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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