Legal Opinion

Smith v. State

Supreme Court of Georgia

Decided May 27, 1901PublishedCited by 2 opinions

Certiorari. Before Judge Hart. Greene superior court. March 14, 1901.

1Opinion of the CourtEumpkin, P. J.

Evidence that the accused, who was charged with carrying a pistol concealed, owned such a weapon; that he carried it in an open manner from his home to a “ party ” which was had at night; that while at the same he accidentally shot another person with the pistol, and that the latter “ had seen [the accused] several times that night before pistol fired, and he saw no pistol till after he was shot,” was not sufficient to show beyond a reasonable doubt and to the exclusion of every other rational hypothesis that the accused had the pistol on his person all of the time the “ party ” was in…

2Cited by2 opinions

  1. Sanders v. StateCourt of Appeals of Georgia · 1930
  2. Johnson v. StateCourt of Appeals of Georgia · 1932

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