Legal Opinion

Brown v. State

Court of Appeals of Georgia

Decided October 16, 1958No. 37376PublishedCited by 4 opinions

1Opinion of the Court

Townsend, Judge.

While the corpus delicti of the offense must be proved aliunde the admissions of the accused (Gunder v. State, 95 Ga. App. 176, 97 S. E. 2d 381), it may nevertheless be established by circumstantial as well as direct evidence (Buckhanon v. State, 151 Ga. 827 (8b), 108 S. E. 209), provided it is sufficient to exclude every other reasonable hypothesis save that of the guilt of the accused! The evidence here establishes with certainty that while the two eyewitnesses did not pay sufficient attention to the defendant to positively identify him either while he was driving or getting…

2Cases cited2 opinions

  1. Buckhanon v. StateSupreme Court of Georgia · 1921
  2. Gunder v. StateCourt of Appeals of Georgia · 1957

3Cited by4 opinions

  1. Stephens v. StateCourt of Appeals of Georgia · 1972
  2. Bell v. StateCourt of Appeals of Georgia · 1973
  3. Spaulding v. StateCourt of Appeals of Georgia · 1965
  4. State v. BennettMissouri Court of Appeals · 1977

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