Lindsey v. State
15 Ga. App. 13 | Ga. Ct. App. | 1914
The most that can be said in behalf of the evidence adduced for the prosecution is that it raises a suspicion of the guilt of the accused. One can not be convicted of crime upon a bare suspicion of guilt; and where circumstantial evidence alone is relied upon, a verdict of guilty is contrary to law, if, upon a review of the testimony, the hypothesis of the defendant’s innocence is as well supported as the conclusion that he is guilty.. For this reason the court erred in overruling the motion for a new trial.
Judgment reversed.
cited: Cummings v. State, 110 Ga. 293; Young v. State, 121 Ga. 334; Bell v. State, 93 Ga. 557; New v. State, 124 Ga. 143; Penal Code, § 1010.
cited Beasley v. State, 12 Ga. App. 256.