Cornwell v. State, No. 10149

No. 10149 | Ga. | Nov 14, 1934

Russell, O. J.

The evidence of the guilt of the accused is entirely circumstantial, and is so inconclusive as not to exclude every reasonable hypothesis save that of the defendant’s guilt. The court erred in overruling the motion for a new trial.

Judgment reversed.

All the Justices oonour, except Bell, J., who dissents. Chester A. Byars, for plaintiff in error. M. J. Yeomans, attorney-general, W. E. Connor, solicitor-general, B. D. Murphy, J. T. Coree, and E. J. Glower, contra.