Vance v. State
Court of Appeals of Georgia
Accusation of larceny from house; from city court of Houston county—Judge Riley. March 18, 1918. From the evidence it appeared that cottonseed of the kind known as “pull not” seed were stolen from Hodge’s gin-house on Wednesday night, February 13, and cottonseed of the same kind were found on the ensuing Friday where the defendant lived, about four and a half miles from Hodge’s gin-house. Cottonseed had been missed from the same gin-house about ten days before that time.
Read the full summary
Accusation of larceny from house; from city court of Houston county—Judge Riley. March 18, 1918. From the evidence it appeared that cottonseed of the kind known as “pull not” seed were stolen from Hodge’s gin-house on Wednesday night, February 13, and cottonseed of the same kind were found on the ensuing Friday where the defendant lived, about four and a half miles from Hodge’s gin-house. Cottonseed had been missed from the same gin-house about ten days before that time. The total amount stolen was about 35 bushels. Several sacks of cottonseed of the “pull not” variety were found in the…
1Opinion of the CourtHarwell, J.
“The circumstances relied upon to support the verdict, weighed most strongly against the accused, are not incriminatory in character, and are only sufficient to raise a suspicion of guilt; and suspicion alone, however Strong and apparently well founded, has no probative value as evidence, "'and a verdict thereon, without more, is contrary to law.” Mathis v. State, 10 Ga. App. 77 (72 S. E. 526). The defendant was charged jvith the theft of twenty-five bushels of cottonseed from a certain gin-house. The evidence tending to connect him with the offense was wholly circumstantial, and insufficient…
2Cases cited1 opinion
- Mathis v. StateCourt of Appeals of Georgia · 1911
3Cited by1 opinion
- Taylor v. StateCourt of Appeals of Georgia · 1922