Orr v. State
Supreme Court of Georgia
Simple Larceny. In Hall Superior Court. Tried before Judge Bjjtchins. Mkrch Term, 1865. Orr was indicted jointly with one James E. Welch for stealing a horse, the property of James Spencer, on the eleventh of March 1861. At the trial the evidence was as follows: James Spencer — In March 1861, lost one large sorrel horse in Hall county, his property, worth $150 to $200 — before March court 1861. Got up in the morning — his horse was gone.
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Simple Larceny. In Hall Superior Court. Tried before Judge Bjjtchins. Mkrch Term, 1865. Orr was indicted jointly with one James E. Welch for stealing a horse, the property of James Spencer, on the eleventh of March 1861. At the trial the evidence was as follows: James Spencer — In March 1861, lost one large sorrel horse in Hall county, his property, worth $150 to $200 — before March court 1861. Got up in the morning — his horse was gone. Near by, three horses had been hitched. Got on the track — three others and his horse’s track. Went on towards Lawrenceville. Made a short turn, and went…
1Opinion of the CourtWalker, J.
It is not disputed that Welch stole the prosecutor’s horse: the question here is, does the evidence prove Orr guilty also ? The testimony against him is entirely circumstantial. In order to convict upon this character of testimony, “ it is essential that the circumstances should, to a moral certainty, actually exclude every hypothesis but the one proposed to be proved.” 1 Stark, Ev. 575. The evidence “ in criminal cases must exclude every other hypothesis but that of the guilt of the party.” 1 Greenl. Ev. 13. “ And this degree of conviction ought to be produced, when the facts proved coincide…
2Cited by7 opinions
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- Adams v. StateSupreme Court of Georgia · 1932
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