Dukes v. State

Gardner, Presiding Judge.

The evidence, which is substantially set out hereinabove, sustains the verdict found by the jury. The defendant contends that there are two theories involved, one of guilt on the part of the defendant and the other consistent with the innocence, of the defendant, and that in such a situation the court must adopt the theory of innocence. Our attention is called) to Carter v. State, 35 Ga. 263; Dorsey v. State, 108 Ga. 477, 479 (34 S. E. 135); Patrick v. State, 75 Ga. App. 687 (44 S. *83E. 2d 297) and Scroggs v. State, 94 Ga. App. 28 (93 S. E. 2d 583). It is time that this…