57 Ga. 482 | Ga. | 1876
The defendant was indicted for the offense of “setting fire to a house in town,” and on the trial therefor, was found guilty by the jury, with a recommendation that he be imprisoned
The defendant may be guilty, but there is not sufficient evidence to authorize his conviction under the law, for it will not do to find a defendant guilty of an offense, and imprison him for life, on suspicion that he is guilty. This case comes within the ruling of this court in McDaniel vs. The State, 53 Georgia Reports, 253, and Earp vs. The State, 50 Ibid., 513.
Let the judgment of the court below be reversed.