Butler v. State , 104 Ga. App. 777 ( 1961 )


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  • Frankum, Judge.

    The conviction of the accused was founded solely on circumstantial evidence which, given its strongest intendment against him, raised a strong suspicion of his guilt, but was not sufficient to exclude every other reasonable hypothesis save that of his guilt.

    Therefore, the court erred in denying his motion for a new trial.

    Judgment reversed.

    Nichols, P. J., and Jordan, J., concur.

Document Info

Docket Number: 39176

Citation Numbers: 104 Ga. App. 777, 123 S.E.2d 30, 1961 Ga. App. LEXIS 797

Judges: Frankum

Filed Date: 11/14/1961

Precedential Status: Precedential

Modified Date: 11/7/2024