Willis v. State

Court of Appeals of Georgia

Decided January 14, 1925

Court of Appeals of Georgia · decided 1925-01-14

Relies on Gibbs v. State · Hampton v. State · 21 Ga. App. 661 - Groover v. Hardeman

Good law ✅— No negative treatment on recordhow we know

Decided 1925-01-14

How this case has been cited

Cited by 4 later decisions — most recently January 1970

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bloodwobtii, J.

¶1The offense charged in the indictment being simple larceny, and the guilt of the accused being wholly dependent upon the inference arising from possession of the cow alleged to have been stolen, and this possession being shown by uneontradieted and unimpeached testimony to be consistent with his innocence of the offense charged, the conviction of the accused was unauthorized. Peeples v. State, 5 Ga. App. 706 (53 S. E. 719); Hampton v. State, 6 Ga. App. 778 (65 S. E. 816); Gibbs v. State, 8 Ga. App. 107 (68 S. E. 472); Brooks v. State, 21 Ga. App. 661 (94 S. E. 810); Williams v. State, 125 Ga. 268 (54 S. E. 166).

¶2 Judgment reversed,.

Luke and Blood-worth, JJ., concur. Broyles, O. J., dissents. Allen & Pottle° Marion E. Allen, for plaintiff in error. Doyle Campbell, solicitor-general, A. Y. Clement, contra.