Georgia Court of Appeals, 1961

Butler v. State

Butler v. State
Georgia Court of Appeals · Decided November 14, 1961 · Frankum
104 Ga. App. 777; 123 S.E.2d 30; 1961 Ga. App. LEXIS 797

Butler v. State

Opinion of the Court

Frankum, Judge.

The conviction of the accused was founded solely on circumstantial evidence which, given its strongest intendment against him, raised a strong suspicion of his guilt, but was not sufficient to exclude every other reasonable hypothesis save that of his guilt.

Therefore, the court erred in denying his motion for a new trial.

Judgment reversed.

Nichols, P. J., and Jordan, J., concur.

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