Fisher v. State

Jordan, Judge.'

This is the second appearance of this case in this court. See Fisher v. State, 102 Ga. App. 505 (116 SE2d 640). The question to be here decided is whether or not there was sufficient evidence to authorize the finding of the jury. The defendant contends that there was no direct evidence that his automobile struck the deceased and that the evidence relied upon by the State was wholly circumstantial. While a considerable part of the State’s case is based upon circumstantial evidence, there was the positive direct testimony of the two witnesses who were following the defendant’s…