59 Ga. 308 | Ga. | 1877
This is a second verdict of guilty. See 57 Ga., 102. Each time the judge below aequiesed in the verdict, and refused a new trial. On the former writ of error, we thought the charge of the court slightly erroneous. The charge, as given on the last trial, is favorable to the prisoner, and no part of it is excepted to. The whole of it is set out in the record, and it is, in all respects, a proper and legal charge. The evidence is circumstantial, and admits of - two opinions. Reasoning upon it fairly andjimpartially, different minds could arrive at opposite conclusions. This being so, the true question is whether the conclusion of the jury, approved by the judge who presided at the trial, shall stand, or whether the' members of this court shall overturn the verdict on doubts, mere doubts, which they may entertain of the prisoner’s guilt. He may not be guilty, but two juries of the vicinage have found him guilty, and the evidence is not absolutely insufficient. It has weak places, but the main facts go to
Cited for the prisoner, 5 Ga., 85; 12 Ib., 25. For the state, (sufficiency of evidence) 50 Ga., 244, 249, 250; 6 Ib., 276, 286; 49 Ib., 12, 17; 10 Ib., 524; 55 Ib., 325 ; Griggs vs. The State, this term : (competency of juror) 16 Ga., 200, 202; 45 Ib., 279; 11 Ib., 616; 18 Ib., 194, 216.
Judgment affirmed.