Legal Opinion

McCullough v. State

Court of Appeals of Georgia

Decided October 2, 1912No. 4216PublishedCited by 21 opinions

Indictment for assault with intent to rape; from Gordon superior court — Judge Fite. April 27, 1912.

1Opinion of the CourtPottle, J.

This is the second appearance of this case in this court. McCullough v. State, 10 Ga. App. 403 (73 S. E. 546). The evidence in the present record is substantially the same as it was before, and we repeat what was said before, — that while the evidence, considered in the light of the surrounding circumstances, suggests grave doubt as to the guilt of the accused of the offense for which he was convicted, we would not feel justified in holding, .as a matter of law, that the verdict has not some evidence to support it. Evidently the jury shared this doubt, because they deliberated some fifteen…

2Cases cited4 opinions

  1. Shropshire v. StateSupreme Court of Georgia · 1888
  2. Dorsey v. StateSupreme Court of Georgia · 1899
  3. McCullough v. StateCourt of Appeals of Georgia · 1912
  4. Taylor v. StateSupreme Court of Georgia · 1873

3Cited by21 opinions

  1. Young Men's Christian Assn. v. BaileyCourt of Appeals of Georgia · 1965
  2. Curtis v. StateCourt of Appeals of Georgia · 1960
  3. Weldon v. StateCourt of Appeals of Georgia · 1917
  4. City of Commerce v. BradfordCourt of Appeals of Georgia · 1956
  5. Duncan v. StateCourt of Appeals of Georgia · 1938

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