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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