Toler v. State

The plaintiff in error was.convicted of burglary, and moved for a new trial. The only special ground of his motion argued here was one complaining of the court’s omission to instruct the jury upon the law of circumstantial evidence. The record discloses that the evidence upon which the conviction was had was entirely circumstantial. This court,, in Hamilton v. State, 96 Ga. 301, held that in cases of this character it was the duty of the judge, whether so requested or not,, to state to the jury the law with regard to circumstantial evidence. In the opinion it was said that a failure to do…