Legal Opinion

Owens v. State

Supreme Court of Georgia

Decided December 10, 1912PublishedCited by 12 opinions

Indictment for murder. Before Judge Boañ. Fulton superior court. August 31, 1912.

1Opinion of the CourtEvans, P. J.

1. Where the court defines direct and circumstantial evidence and gives an instruction, that, “before the jury would be authorized to convict upon circumstantial evidence alone, the proven facts must not only be consistent with the hypothesis of the defendant’s guilt, but should exclude every other reasonable hypothesis save that of the guilt of the accused,” the omission of the court to instruct in so many words that the defendant’s guilt was sought to be established only by circumstantial evidence is not sufficient ground for new trial.

2. There was no error in receiving in evidence an…

2Cited by12 opinions

  1. Brown v. SheffieldCourt of Appeals of Georgia · 1970
  2. Biegun v. StateSupreme Court of Georgia · 1950
  3. Thompson v. StateSupreme Court of Georgia · 1928
  4. Martin v. StateSupreme Court of Georgia · 1942
  5. Adams v. StateCourt of Appeals of Georgia · 1925

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