124 Ga. 432 | Ga. | 1905
Nancy Campbell was convicted of the murder of her husband, Alex. Campbell; and her motion for a new trial having been overruled, she excepted.
It will be seen that the conviction rests oh purely circumstantial evidence; and it must be confessed that the circumstances are not of that clear and convincing character which is desirable to support a verdict of guilty in a capital case. At the same time, we can not say as matter of law that the jury were not justified in finding that the proved facts were such as to exclude every reasonable theory other than that of guilt. The opportunity of the accused to commit the crime, the entire lack of evidence that any one else had such opportunity, and the improbability of the theory of suicide were circumstances which, when taken in connection with the other circumstances which have been mentioned, might well authorize the jury to find the accused guilty as charged. This is the second verdict of guilty which has been returned against her. (See Campbell v. State, 123 Ga. 533.) Two juries have heard the evidence, have looked upon the witnesses and the accused, have observed their demeanor in the court-room, and have, under circumstances the most favorable for arriving at a correct solution of the difficulties presented by the .evidence, pronounced the accused guilty. The trial judge, upon whom the law places the responsibility of correcting the mistakes of juries, has twice, by his refusal to grant a new trial, placed upon the' conviction the seal of his approval.
Judgment affirmed.