Mickens v. State
Court of Appeals of Georgia
Indictment for making liquor; from Wilkes superior court — Judge Shurley. May 19, 1921. It was testified that on a creek between Watson Sutton’s place and Jim Sutton’s place a still, making liquor, was found, and George Mickens, the defendant, who was a boy living with Jim Sutton, was seen as he went to the still and “ whistled a man out,” and “went in,” after which he was not again seen there. A witness testified: “I waited there about 20 or 30 minutes, to see him come out.
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Indictment for making liquor; from Wilkes superior court — Judge Shurley. May 19, 1921. It was testified that on a creek between Watson Sutton’s place and Jim Sutton’s place a still, making liquor, was found, and George Mickens, the defendant, who was a boy living with Jim Sutton, was seen as he went to the still and “ whistled a man out,” and “went in,” after which he was not again seen there. A witness testified: “I waited there about 20 or 30 minutes, to see him come out. I heard them hitting the tin and saw the smoke come out . . after this boy went in there. He had nothing with him when…
1Opinion of the CourtBroyles, C. J.
The evidence relied upon for the conviction of the accused was wholly circumstantial and was not sufficient to exclude every reasonable hypothesis save that of his guilt. It follows that his conviction was contrary to. law and the evidence and that the judge erred in overruling the motion for a new trial.
Judgment reversed.
Lulce and Bloodworth, JJ., concur.
2Cited by4 opinions
- Gibbs v. StateCourt of Appeals of Georgia · 1922
- Harris v. StateCourt of Appeals of Georgia · 1969
- Dillard v. StateCourt of Appeals of Georgia · 1928
- Williams v. StateCourt of Appeals of Georgia · 1925