Miller v. State

Broyles, C. J.

The evidence tending to connect the accused with the offense charged was wholly circumstantial, and was not sufficient to exclude every other reasonable hypothesis than that of his guilt. It follows that the refusal to grant a new trial was error.

Judgment reversed.

Luke and Bloodtoorih, JJ., concur. Smith & Taylor, for plaintiff in error. W. Y. Ailcinson, solicitor-general, contra.