Legal Opinion

Autrey v. State

Court of Appeals of Georgia

Decided April 21, 1916No. 7097PublishedCited by 10 opinions

Accusation of misdemeanor; from city court of Columbus— Judge Tigner. October 23, 1915.

1Opinion of the CourtRussell, C. J.

1. In a criminal case, where the proof of the defendant’s guilt depends wholly upon circumstantial evidence, the jury should be instructed that if the proved facts are consistent with' the innocence of the accused, the defendant is entitled to an acquittal (Penal Code, § 1010) ; and the omission to give in charge the substance of this section of the code in such a case is reversible error.

*14Decided April 21, 1916. Accusation of misdemeanor; from city court of Columbus— Judge Tigner. October 23, 1915. Ed. Wohlwender, Paul Blanchard, for plaintiff in error. T. H. Fort, solicitor, contra.

2. The…

2Cases cited5 opinions

  1. Riley v. StateCourt of Appeals of Georgia · 1907
  2. Weaver v. StateSupreme Court of Georgia · 1910
  3. Harvey v. StateCourt of Appeals of Georgia · 1911
  4. Lewis v. StateCourt of Appeals of Georgia · 1909
  5. Allen v. StateCourt of Appeals of Georgia · 1913

3Cited by10 opinions

  1. Reynolds v. StateSupreme Court of Florida · 1926
  2. State v. SchuckNorth Dakota Supreme Court · 1924
  3. Gee v. StateCourt of Appeals of Georgia · 1974
  4. Heaton v. StateCourt of Appeals of Georgia · 1976
  5. State v. DropolskiSupreme Court of Vermont · 1927

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