King v. State

Court of Appeals of Georgia

Decided December 13, 1927

Court of Appeals of Georgia · decided 1927-12-13

Cited by 1 later decisions — most recently July 1928

1 state decisions

Relies on Ayers v. State · Henderson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1927-12-13

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Bloodwobth, J.

¶1“The verdict in this case is dependent entirely on circumstantial evidence. The proved facts are consistent with innocence, and are insufficient to exclude every reasonable hypothesis save that of the guilt of the accused. Suspicion of guilt will not authorize a conviction. Penal Code (1910), § 1010; Williams v. State, 113 Ga. 721 (39 S. E. 487). It was error to refuse a new trial.” Henderson v. State, 147 Ga. 134 (2) (92 S. E. 871).

¶2Judgment reversed.

Broyles, O. J., and Luke, J., concur.Cowart & Durden, for plaintiff in error, cited Ga. App. Rep.: 15/423 (bot.), 425; 13/144; 12/816-17; 2/534; 12/111; 17/730; 23/9, 141, 463; 25/427; 27/582.; 28/625; 29/388; 30/61; 32/427; 33/678; 34/590.R. R. L. Spence Jr., solicitor, contra, cited Ga. App. R.: 3/518; 23/760.