Carter v. State

In every criminal case the burden rests upon the State to prove the defendant’s guilt beyond a reasonable doubt. Code, § 38-110. In carrying this burden, if the case for the State rests entirely upon circumstantial evidence, those circumstances should not only be consistent with the hypothesis of guilt, but should exclude every reasonable hypothesis save that of the guilt of the accused. Code, § 38-109. A bare suspicion of the defend-' ant’s guilt is not sufficient. In a prosecution for larceny, the recent unexplained possession by the defendant of the property alleged to have been stolen is…