Kemp v. State
Court of Appeals of Georgia
Accusation of gaming; from city court of Swainsboro — Judge Mitchell. March 5; 1910. The evidence for the State consisted of the testimony of two witnesses, who testified, that they were looking for a horse thief, and at night went to a certain shanty, where, on looking through cracks, they saw, by the light of a small fire, the defendant Kemp and four other men playing cards, and heard what they supposed to be money, but did not see any money; one of the witnesses thought…
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Accusation of gaming; from city court of Swainsboro — Judge Mitchell. March 5; 1910. The evidence for the State consisted of the testimony of two witnesses, who testified, that they were looking for a horse thief, and at night went to a certain shanty, where, on looking through cracks, they saw, by the light of a small fire, the defendant Kemp and four other men playing cards, and heard what they supposed to be money, but did not see any money; one of the witnesses thought he heard money hitting the floor; they heard one of the men say something about dropping a quarter under the. house. The…
1Opinion of the CourtRussell, J.
The incriminating circumstances raise a-grave suspicion of the defendant’s guilt, but are consistent with his innocence. Eor this reason the conviction of the defendant was unauthorized, and a new trial should have been granted.
2Cited by1 opinion
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