14 Ga. App. 598
Decided May 16, 1914
Court of Appeals of Georgia · decided 1914-05-16
Indictment for misdemeanor; from city court of Sparta — Judge Moore. October 21, 1913. George Creighton was convicted under an indictment charging him with having manufactured intoxicating liquors. On the trial T. B. Hightower testified: “About the 21st of August,, this year, . I went down in there near George Creighton’s house, near a little branch, and I found where there had been a still operating. Whisky had been made there. . .
Decided 1914-05-16
¶1This conviction was based alone on circumstantial evidence which is not sufficient to exclude from the minds of the jury trying the case every other reasonable hypothesis than that of the guilt of the defendant. Had it affirmatively appeared from the evidence that the still was upon the land of the accused, an inference might thus have been raised that would perhaps have supported a conviction.
¶2Judgment reversed.