Supreme Court of Georgia, 1895

Eldridge v. State

Eldridge v. State
Supreme Court of Georgia · Decided May 13, 1895 · Atkinson
97 Ga. 192; 23 S.E. 832

Counsel

W. D. Tutt, for plaintiff in error. H. J. Brewer, solicitor, by Ha/rrison & Peeples, contra.

Eldridge v. State

Opinion of the Court

Atkinson, J.

The evidence in this case, though entirely circumstantial, was sufficient to warrant the conviction; and the verdict of guilty having been approved by the trial judge, this court will not overrule his refusal to grant a new trial.

Judgment affirmed.

Dissenting Opinion

Simmons, C. J.,

dissenting. — A conviction should not be sustained where it is manifest that the verdict was predicated merely on suspicion and against the positive evidence'of a legally credible unimpeached witness.

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