Georgia Court of Appeals, 1942

Mattox v. State

Mattox v. State
Georgia Court of Appeals · Decided November 21, 1942 · Broyles, Gardner, MacIntyre
22 S.E.2d 860; 68 Ga. App. 392; 1942 Ga. App. LEXIS 135 (South Eastern Reporter, Second Series)

Mattox v. State

Opinion of the Court

Per Curiam.

Tlie defendant was convicted of burglary. The evidence tending to connect him with the offense was wholly circumstantial and was insufficient to exclude every reasonable hypothesis save that of his guilt. The denial of a new trial was error. We can not see that it would avail anything to detail the evidence and elaborate further. After a careful consideration of the evidence, the majority of this court is of the opinion that the judgment should be reversed for the reason stated.

Judgment reversed.

Broyles, O. J. and' Gardner, J., concur. MacIntyre, J., dissents.

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