Geter v. State

*241Felton, Justice,

dissenting. 1. While it is true, as the majority holds, that conspiracy may be shown by circumstantial evidence, it is also true that facts which are consistent with either of two opposing theories prove neither. Southern R. Co. v. Newman, 187 Ga. 132 (199 SE 753); Camp v. Emory University, 95 Ga. App. 442 (1) (98 SE2d 66). “Mere presence at the time and place that a crime is committed is . . wholly insufficient of itself to evidence participation in the criminal intent.” Reese v. State, 157 Ga. 766 (122 SE 195). Under the theory as to what occurred according to all of the…