Fleming v. State

Quillian, Judge.

The defendant appeals from her conviction of pointing a pistol at another (Criminal Code of Georgia § 26-2908; Code Ann. § 26-2908 (Ga. L. 1968, pp. 1249, 1325)).

1. The following charge is enumerated as error: "... where all the facts and circumstances of the case and all reasonable deductions therefrom present two theories of equal probability, one of innocence and one of guilt; there the jury should acquit.”

In Gravitt v. State, 220 Ga. 781, 784 (141 SE2d 893), the trial judge had charged: "If from the evidence and the defendant’s statement and all the reasonable deductions…