Smith v. State , 36 Ga. App. 630 ( 1927 )

Broyles, C. J.

The evidence relied on for a conviction in this ease was wholly circumstantial, and was not sufficient to exclude every reasonable hypothesis except that of the guilt of the accused. It follows that the refusal to 'grant a new trial was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur. F. P. & J. Cecil Davis, for plaintiff in error. M. L. Felts, solicitor-general, contra.