Smith v. State

Court of Appeals of Georgia

Decided February 6, 1945

Court of Appeals of Georgia · decided 1945-02-06

Cited by 1 later decisions — most recently July 1971

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1945-02-06

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Broyles, C. J.

¶1The defendant was convicted of the offense of stealing' clothing of the value of $49.98. The evidence tending to connect him. with the theft was wholly circumstantial and was insufficient to exclude every reasonable hypothesis except that of his guilt. Therefore, the verdict was contrary to law and the evidence; and the overruling of the certiorari was error.

¶2Judgment reversed.

MacIntyre and Gardner, JJ., concur.C. G. Battle, J. O. Ewing, for plaintiff in error.Lindley W. Camp, solicitor, John A. Boykin, E. E. Andrews, solicitors-general, Durwood T. Pye, contra.