Reynolds v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from Eloyd superior court—Judge Wright. September 24, 1918. The only ground of the motion for a new trial other than the grounds which relate to the verdict was that the court erred in failing to charge the jury that “to warrant a conviction on circumstantial evidence, the proved facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable hypothesis save that of the guilt of the accused.”
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Indictment for misdemeanor; from Eloyd superior court—Judge Wright. September 24, 1918. The only ground of the motion for a new trial other than the grounds which relate to the verdict was that the court erred in failing to charge the jury that “to warrant a conviction on circumstantial evidence, the proved facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable hypothesis save that of the guilt of the accused.” (Penal Code, § 1010.) The charge of the court was as follows: “The defendant in this case is charged with the offense of having in her…
1Opinion of the CourtBroyles, P. J.
The defendant was charged with having pos*370session and control of intoxicating liquors, and upon the trial the undisputed evidence showed that several half-gallon jars containing whisky were found on her enclosed premises,—two of the jars being within five or six feet of a window of her house. The sole question left for the determination of the jury was whether the defendant knew of ■ the presence of the whisky on her premises. She introduced no evidence, and in her statement denied having any knowledge that the whisky was on her premises. This evidence, in our opinion, raised more than a mere…
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