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30 Ga. App. 107

Bennett v. State

Court of Appeals of Georgia

Decided April 10, 1923

Court of Appeals of Georgia · decided 1923-04-10

Decided 1923-04-10

Luke, J.

¶1The defendant was convicted of the offense of burglary. The conviction was dependent wholly upon circumstantial evidence. Erom a careful examination of the record in this case, we are of the opinion that the evidence is not sufficient to exclude every reasonable hypothesis other than that of the defendant’s guilt. It was error to overrule the motion for a new trial.

¶2 Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.
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