Supreme Court of Georgia, 1917

Henderson v. State

Henderson v. State
Supreme Court of Georgia · Decided June 14, 1917 · Gilbert
147 Ga. 134; 92 S.E. 871; 1917 Ga. LEXIS 82

Henderson v. State

Opinion of the Court

Gilbert, J.

1. The court did not err, as complained in the amended ‘ motion, in regard to the admission of evidence.

2. The verdict in this case is dependent entirely' on circumstantial - evi- : ■ dence. The proved facts are consistent with innocence, and are insufficient to exclude every reasonable hypothesis save that of the guilt of the accused. Suspicion of guilt will not authorize a conviction. Penal Code (1910), §1010; Williams v. State, 113 Ga. 721 (39 S. E. 487). It was error to refuse a new trial.

Judgment reversed.

All the Justices concur.

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