Legal Opinion

Wilson v. State

Court of Appeals of Georgia

Decided November 24, 1908No. 1430PublishedCited by 2 opinions

Indictment for larceny from the house, from Spalding superior court — Judge Beagan. September 16, 1908. The indictment charged Wilson with having stolen from the depot of the Central of Georgia Bailway Company a pair of “ladies’ black button shoes, Selz make.”

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Indictment for larceny from the house, from Spalding superior court — Judge Beagan. September 16, 1908. The indictment charged Wilson with having stolen from the depot of the Central of Georgia Bailway Company a pair of “ladies’ black button shoes, Selz make.” The State introduced testimony to the effect that a pair of shoes of the kind described in the indictment were missed from a box received at the depot, and that about that time a pair of shoes of that kind were found in a paper sack behind the scales in the depot; that the pair in the paper sack were allowed to remain where they were…

1Opinion of the CourtRussell, J.

The circumstantial evidence, which is consistent with the guilt of the accused, not being inconsistent with a reasonable hypothesis of his innocence, and being quite insufficient to establish, beyond a reasonable doubt, an intent to steal, a new trial should have been granted.

Judgment reversed.

2Cited by2 opinions

  1. Williams v. StateCourt of Appeals of Georgia · 1912
  2. Williams v. StateCourt of Appeals of Georgia · 1922

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