Legal Opinion
New v. State
Supreme Court of Georgia
Decided November 10, 1905PublishedCited by 1 opinion
Indictment for malicious mischief. Before Judge Hodnett. City court of Carrollton. September 16, 1905.
1Opinion of the CourtPish, C. J.
The evidence against the accused was entirely circumstantial, and at most authorized a mere suspicion of his guilt; whereas to warrant a conviction the evidence should have been sufficient to exclude every reasonable hypothesis save that of his guilt. The court, therefore, erred in refusing a new trial.
Judgment reversed.
All the Justices concur.
2Cited by1 opinion
- Lindsey v. StateCourt of Appeals of Georgia · 1914