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37 Ga. App. 123

Gray v. State

Court of Appeals of Georgia

Decided July 14, 1927

Court of Appeals of Georgia · decided 1927-07-14

Relies on 30 Ga. App. 61 - Huley v. State · 32 Ga. App. 427 - Wilson v. State · 29 Ga. App. 388 - Vaughn v. State

Decided 1927-07-14

Bloodworth, J.

¶1These defendants were indicted separately but tried together. The evidence as to both was the same, was en*124tirely circumstantial, and was not sufficient as to either defendant to exclude every reasonable hypothesis save that of his guilt. It follows that the court erred in overruling the motion for a new trial. Clifton v. State, 34 Ga. App. 590 (130 S. E. 359); Wilson v. State, 32 Ga. App. 427 (123 S. E. 623), and cit.; Toney v. State, 30 Ga. App. 61 (116 S. E. 550); Vaughn v. State, 29 Ga. App. 388 (115 S. E. 670).

¶2Judgment reversed.

Broyles, C. J., and Lulce, J., concur.
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