Carter v. State
Supreme Court of Georgia
Criminal law. Circumstantial evidence. Newly discovered evidence. Before Judge Cole. Bibb Superior Court. October Adjourned Term, 1872. Thornton Carter was placed on trial for the offense of burglary in the night time, in breaking and entering the store room of James H. Blount, with the intent to commit a larceny. The defendant pleaded not guilty. The following evidence was introduced : EOR THE STATE.
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Criminal law. Circumstantial evidence. Newly discovered evidence. Before Judge Cole. Bibb Superior Court. October Adjourned Term, 1872. Thornton Carter was placed on trial for the offense of burglary in the night time, in breaking and entering the store room of James H. Blount, with the intent to commit a larceny. The defendant pleaded not guilty. The following evidence was introduced : EOR THE STATE. Maria Lucas, sworn : Witness identifies prisoner; went to see him on Thursday, at his house, and saw some rice and peas on the table; defendant appeared to object to witness’ entering the house;…
1Opinion of the Court
Montgomery, Judge.
1. The verdict of guilty in this ease is based entirely upon circumstantial evidence, which we hardly think excludes every other reasonable hypothesis but that of the prisoner’s guilt. No article seen by the only witness who undertakes to identify them is sufficiently proven to bear more than a resemblance to the missing articles of the prosecutor. Nor were the articles shown to be in the possession of the defendant, but only in a house of which he was an inmate, his own domicil being a room different from that in which the articles supposed to be those stolen, were found.…
2Cited by9 opinions
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- Mims v. StateCourt of Appeals of Georgia · 1993
- Johnson v. StateCourt of Appeals of Georgia · 1993
- Johnson v. StateCourt of Appeals of Georgia · 1993
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