Sandlin v. State
Court of Appeals of Georgia
Indictment for larceny; from Dooly superior court—Judge Crum. December 22, 1917. Tbe defendant was indicted for larceny of seed-cotton, alleged to have been stolen from the buggy-house of Haslam, the prosecutor. The State’s evidence showed that the cotton was in sheets in the prosecutor’s buggy-house, and above the cotton was a loft on which were some oats, and from which oat chaff had fallen through cracks on the cotton.
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Indictment for larceny; from Dooly superior court—Judge Crum. December 22, 1917. Tbe defendant was indicted for larceny of seed-cotton, alleged to have been stolen from the buggy-house of Haslam, the prosecutor. The State’s evidence showed that the cotton was in sheets in the prosecutor’s buggy-house, and above the cotton was a loft on which were some oats, and from which oat chaff had fallen through cracks on the cotton. The evidence against the defendant was entirely circumstantial. In’ his cotton-house, on the morning after the cotton had been stolen, was found a small quantity of cotton…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) The evidence against the defendant was entirely circumstantial. These circumstances while sufficient to cast suspicion upon him did not exclude every other reasonable hypothesis save that of his guilt. We think therefore that the evidence offered by the State was not sufficient to sustain the verdict of guilty, and that the court erred in overruling the motion for a new trial. This question being controlling, other grounds of the motion are not passed on.
'Judgment reversed.
Broyles, P. J., and Bloodworth, J., concur.
2Cited by2 opinions
- Dowdell v. StateCourt of Appeals of Georgia · 1919
- Taylor v. StateCourt of Appeals of Georgia · 1922