33 Ga. App. 582 | Ga. Ct. App. | 1925
Lead Opinion
J. M. O’Neal was indicted in seven counts for sending certain letters, all anonymous, in which the writer threatened to kill the prosecutor, W. T. McArthur, and to burn his property. Each count was based on a .different writing. The accused was acquitted on the first six counts and convicted on the seventh. His exception is to the judgment overruling his motion for a new trial. The indictment was based on that part of section 119 of the Penal Code (1910) which declares that “If any person shall
Judgment reversed.
Dissenting Opinion
dissenting. I think that the evidence in this case was sufficient to exclude every reasonable hypothesis save that of the defendant’s guilt. The incriminatory admissions of the defendant, together with the other evidence adduced, amply authorized his conviction of the offense charged. In my opinion the judgment of the lower court should be affirmed.