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Broyles, C. J. 1. The evidence tending to connect the accused with the offense charged (manufacturing whisky) was wholly circumstantial and was not sufficient to exclude every other reasonable hypothesis than that of his guilt. It follows that the verdict of guilty was contrary to law and the evidence, and the refusal to grant him a new trial was error.
2. The above-stated ruling being controlling in the case, it is unnecessary to consider the special assignments of error.
Judgment reversed.
Luhe and Blood/worth, JJ., concur.
Document Info
Docket Number: 19911
Citation Numbers: 40 Ga. App. 524, 1929 Ga. App. LEXIS 625, 150 S.E. 452
Judges: Broyles
Filed Date: 11/13/1929
Precedential Status: Precedential
Modified Date: 10/19/2024