Collier v. State

(After stating the foregoing facts.)

The case not depending on circumstantial evidence alone, a new trial will not be granted because of the failure of the court to charge the rule applicable to the sufficiency of circumstantial evidence to authorize a conviction. Where the case is one wholly of circumstantial evidence, this principle must be given in charge without request. Hamilton v. State, 96 Ga. 301 (22 S. E. 528); Weaver v. State, 135 Ga. 317 (2) (69 S. E. 488); The rule is otherwise when the case is a compound of direct and circumstantial evidence, and does not rest upon circumstantial…