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46 Ga. App. 666

Deaton v. State

Court of Appeals of Georgia

Decided March 24, 1933

Court of Appeals of Georgia · decided 1933-03-24

Decided 1933-03-24

MacIntyre, ,J.

¶1The circumstantial evidence upon which the accused was convicted was not sufficient to exclude every reasonable hypothesis save that of the guilt of the accused, and the trial judge erred in overruling the motion for a new trial. See Phillips v. State, ante, 665.

¶2 Judgment reversed.

Broyles, O. J., and Querry, J., concur.
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