Legal Opinion

Henderson v. State

Supreme Court of Georgia

Decided June 14, 1917No. 152PublishedCited by 4 opinions

Indictment for murder/ Before Judge Worrill.' Randolph superior court. January 20, 1917.

1Opinion of the CourtGilbert, J.

1. The court did not err, as complained in the amended ‘ motion, in regard to the admission of evidence.

2. The verdict in this case is dependent entirely' on circumstantial - evi- : ■ dence. The proved facts are consistent with innocence, and are insufficient to exclude every reasonable hypothesis save that of the guilt of the accused. Suspicion of guilt will not authorize a conviction. Penal Code (1910), §1010; Williams v. State, 113 Ga. 721 (39 S. E. 487). It was error to refuse a new trial.

Judgment reversed.

All the Justices concur.

2Cases cited1 opinion

  1. Williams v. StateSupreme Court of Georgia · 1901

3Cited by4 opinions

  1. Bonnett v. StateCourt of Appeals of Georgia · 1921
  2. King v. StateCourt of Appeals of Georgia · 1927
  3. Wallin v. StateCourt of Appeals of Georgia · 1928
  4. Taylor v. StateCourt of Appeals of Georgia · 1931