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Georgia Court of Appeals, 1945

Allen v. State

Allen v. State
Georgia Court of Appeals · Decided October 16, 1945 · Broyles, MacIntyre, Gardner
35 S.E.2d 606; 73 Ga. App. 60; 1945 Ga. App. LEXIS 388 (South Eastern Reporter, Second Series)

Allen v. State

Opinion of the Court

Broyles, C. J.

Louis -Allen, James E. Morris, and E. E. Hawkins were jointly indicted for the offense of burglary. Allen was tried separately and was found guilty of the offense charged. The evidence tending to *61 connect him with the burglary was wholly circumstantial, and was insufficient to exclude every other reasonable hypothesis save that of his guilt. Therefore the verdict was contrary to law and the evidence, and the denial of a new trial was error.

Decided October 16, 1945. Robert T. Speer, for plaintiff in error. E. E. Andrews, solicitor-general, Eurwood T. Rye, Paul Webb, contra.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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