Wheeler v. State

George Wheeler was indicted, tried and convicted of the offense of murder and was sentenced to life imprisonment. His motion for a new trial as amended was overruled, from which judgment he appeals.

Enumerated error 2, that the verdict was based on circumstantial evidence which did not exclude every other reasonable hypothesis save that of the guilt of the accused, will be considered along with enumerated error 1, the overruling of the motion for new trial.

The State’s case was based upon the theory that the defendant alone shot and killed the decedent, Leo McElhaney, in a robbery attempt in…