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Harwell, J. (After stating the foregoing facts.) The evidence against the defendant was entirely circumstantial. These circumstances while sufficient to cast suspicion upon him did not exclude every other reasonable hypothesis save that of his guilt. We think therefore that the evidence offered by the State was not sufficient to sustain the verdict of guilty, and that the court erred in overruling the motion for a new trial. This question being controlling, other grounds of the motion are not passed on.
'Judgment reversed.
Broyles, P. J., and Bloodworth, J., concur.
Document Info
Docket Number: 9479
Citation Numbers: 22 Ga. App. 115, 95 S.E. 477, 1918 Ga. App. LEXIS 180
Judges: Harwell
Filed Date: 4/2/1918
Precedential Status: Precedential
Modified Date: 11/8/2024