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36 Ga. App. 210

Toney v. State

Court of Appeals of Georgia

Decided December 14, 1926

Court of Appeals of Georgia · decided 1926-12-14

Relies on Toney v. State

Decided 1926-12-14

Broyles, C. J.

¶1Under the ruling in Toney v. State, 35 Ga. App. 584 (134 S. E. 204), — a companion casé to the instant one and involving the same transaction, — that the evidence tending to connect the accused with the offense charged was wholly circumstantial and was insufficient to exclude every reasonable hypothesis save that of his guilt, the court *211in this case erred in overruling the petition for certiorari, the evidence in the two cases being substantially the same.

Decided December 14, 1926.C. G. Battle, for plaintiff in error.Roy Dorsey, solicitor, John A. Boykin, solicitor-general, J. W. LeCraw, contra.

¶2Judgment reversed,.

Luke, J., concurs. Bloodworth, J., absent on account of illness.
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