Legal Opinion

Daniel v. State

Court of Appeals of Georgia

Decided February 16, 1939No. 27234PublishedCited by 2 opinions

1Opinion of the CourtMacIntyre, J.

1. In tlie trial of criminal cases, where tlie guilt of the accused is dependent wholly upon circumstantial evidence, it is tlie duty of the eoui't, without any request, to charge the law of circumstantial evidence, and the failure to so do requires the grant of a new trial. Coney v. State, 18 Ga. App. 112 (88 S. E. 918); Harris v. State, 18 Ga. App. 710 (90 S. E. 370); Glaze v. State, 2 Ga. App. 704 (58 S. E. 1126). However, where the indictment is supported by both circum*455stantial and direct evidence, and the direct evidence is evidence of a confession by the accused which is itself direct…

2Cases cited12 opinions

  1. Walker v. StateSupreme Court of Georgia · 1903
  2. McElroy v. StateSupreme Court of Georgia · 1906
  3. Glaze v. StateCourt of Appeals of Georgia · 1907
  4. Smith v. StateSupreme Court of Georgia · 1906
  5. Malone v. StateSupreme Court of Georgia · 1886

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3Cited by2 opinions

  1. Jefferson v. StateCourt of Appeals of Georgia · 1946
  2. Jones v. StateCourt of Appeals of Georgia · 1989

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