Goss v. State

(After stating the foregoing facts.) The first special ground contends that the trial court erred in overruling the defendant’s motion for a directed verdict. It is never error to refuse to direct a verdict. See Weldon v. State, 78 Ga. App. 530 (51 S. E. 2d, 605).

Where, as here, a conviction depends upon circumstantial evidence alone, it must be such as to exclude every other reasonable hypothesis save that of the guilt of the accused. Code, § 38-109. Also, the facts upon which it is relied to convict the defendant must be such as are not consistent with innocence. See Davis v. State, 13 Ga.…