Martin v. State
Supreme Court of Georgia
Burglary. Motion for new trial. Decided by Judge Worrell. Muscogee Superior Court. May Term, 1868. James Martin and Paul Key, two negroes, were indicted for breaking and entering the store-house of James Bradford, in March, 1868, in the night time, with intent to steal therefrom, etc. They were tried and found guilty, with a recommendation, by the jury, that they be imprisoned in the penitentiary for life.
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Burglary. Motion for new trial. Decided by Judge Worrell. Muscogee Superior Court. May Term, 1868. James Martin and Paul Key, two negroes, were indicted for breaking and entering the store-house of James Bradford, in March, 1868, in the night time, with intent to steal therefrom, etc. They were tried and found guilty, with a recommendation, by the jury, that they be imprisoned in the penitentiary for life. Their attorney moved for a new trial, upon the ground that said verdict was contrary to law, and not warranted by the testimony. The motion was overruled, and the prisoners were sentenced…
1Opinion of the CourtBrown, C. J.
Placing ourselves in the position of jurors trying this case, and applying the known rules of law to the evidence given in on the trial, we are not satisfied that the guilt of the defendants has been legally established. The rule of law, as we understand it, is, that the facts established by the evidence must not only be consistent with the hypothesis of the defendant’s guilt, but must exclude every other reasonable hypothesis. In a case involving life, or penitentiary imprisonment for life, this rule should not be relaxed.
Apply the legal rule to the ease of Paul Key, and we are at a loss to…
2Cited by13 opinions
- Harris v. StateSupreme Court of Georgia · 1976
- Henderson v. StateSupreme Court of Georgia · 1954
- Simmons v. StateSupreme Court of Georgia · 1890
- Mims v. StateCourt of Appeals of Georgia · 1993
- Watson v. StateSupreme Court of Georgia · 1903
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