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Luke, J. The ionvietion was dependent wholly upon circumstantial evidence, and the evidence was not sufficient to exclude every reasonable hypothesis save that of the guilt of the accused. It was therefore error to overrule the motion for a new trial.
Judgment reversed.
Broyles, O. J., and Bloodworth, J., concur. M. B. Eubanks, for plaintiff in error. - J ames Maddox, solicitor, cohtra.
Document Info
Docket Number: 15842
Citation Numbers: 33 Ga. App. 54, 125 S.E. 766, 1924 Ga. App. LEXIS 716
Judges: Luke
Filed Date: 11/12/1924
Precedential Status: Precedential
Modified Date: 11/8/2024