76 Ga. 498 | Ga. | 1986
The plaintiff in error was indicted, tried and convicted of murdering her child, by the superior court of Marion county. The accused moved the court for a new trial on several grounds, which the court overruled, and she excepted and assigns error thereon.
This must be established beyond a reasonable doubt. The evidence shows that Mary Lee had been delivered of a child. The child was found some three hundred yards from her house under a buggy; it was alive and in a healthy condition; it was examined when returned to the mother, and the physician testified that it was well and all right; it was delivered to the mother in this condition; next morning it was dead. The physician testified that there were no marks of violence upon it; he did not know whether it
Clearly from this evidence, no conclusion could be drawn that the child had been murdered; it raised a bare suspicion that such was the case; certainly not enough to authorize the jury to find that this was so; to have so authorized, the evidence should have been so strong and conclusive as to exclude every reasonable doubt that the child was murdered.
Judgment reversed.