Lindsey v. State
Court of Appeals of Georgia
Indictment for larceny; from Tift superior court—Judge Thomas. March 28, 1914. L. M. Lindsey and Thomas Self were jointly convicted of larceny; their motion for a new trial, alleging that the verdict was without evidence to support it, was overruled, and Lindsey excepted. The property alleged to have been stolen was seed-cotton in the field of Martin.
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Indictment for larceny; from Tift superior court—Judge Thomas. March 28, 1914. L. M. Lindsey and Thomas Self were jointly convicted of larceny; their motion for a new trial, alleging that the verdict was without evidence to support it, was overruled, and Lindsey excepted. The property alleged to have been stolen was seed-cotton in the field of Martin. Tracks of a mule and wagon and the possession of a check which Self had received for seed-cotton were relied on to connect Lindsey with the alleged crime. From the testimony it appeared that when it was discovered that the cotton had been taken,…
1Opinion of the Court
Russell, CV J.
The most that can be said in behalf of the evidence adduced for the prosecution is that it raises a suspicion of the guilt of the accused. One can not be convicted of crime upon a bare suspicion of guilt; and where circumstantial evidence alone is relied upon, a verdict of guilty is contrary to law, if, upon a review of the testimony, the hypothesis of the defendant’s innocence is as well supported as the conclusion that he is guilty.. For this reason the court erred in overruling the motion for a new trial.
Judgment reversed.
Roan, J., absent. Indictment for larceny; from Tift…
2Cases cited5 opinions
- Bell v. StateSupreme Court of Georgia · 1894
- Cummings v. StateSupreme Court of Georgia · 1900
- Young v. StateSupreme Court of Georgia · 1904
- Beasley v. StateCourt of Appeals of Georgia · 1913
- New v. StateSupreme Court of Georgia · 1905
3Cited by1 opinion
- Gantz v. StateCourt of Appeals of Georgia · 1916