Miller v. State

Quillian, Judge.

Defendant was indicted for burglary of the home of C. O. Moon in Fulton County. On the first trial, a mistrial was declared. On his subsequent trial the defendant was convicted and sentenced to seven years imprisonment. His motion for new trial was overruled and appeal was taken to this court. Held:

1. The defendant contends the evidence, which was circumstantial in nature, was insufficient to exclude every other reasonable hypothesis save that of his guilt. Code § 38-109.

Briefly summarized, the evidence adduced on the trial was as follows: The burglary occurred during a period…