Legal Opinion

Reynolds v. State

Court of Appeals of Georgia

Decided July 30, 1918No. 9695PublishedCited by 1 opinion

Indictment for burglary; from Burke superior court—Judge Hammond. March 21, 1918. Gus and John Reynolds were convicted of burglary, under an indictment which charged them jointly with having broken and entered the barn of „J. H. Brinson and stolen 15 bushels of corn.

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Indictment for burglary; from Burke superior court—Judge Hammond. March 21, 1918. Gus and John Reynolds were convicted of burglary, under an indictment which charged them jointly with having broken and entered the barn of „J. H. Brinson and stolen 15 bushels of corn. Brinson testified, that when 'he got to his farm about nine or'ten o’clock in the morning he was informed that an old store on the farm, in which he had stored corn and other things, and which had been nailed up, was broken into and corn taken out; and on investigation he found that two planks had been prized off the rear of the…

1Opinion of the CourtBboyi.es, P. J.

In this ease the evidence relied Upon by the State to convict the defendants was wholly circumstantial,'and was not sufficient to exclude every reasonable hypothesis save that of the guilt of the accused. The court therefore erred in overruling the motion for a new trial.

Judgment reversed.

Bloodworth and Harwell, JJ., concur. Brinson & Ilaicher, for plaintiff in error. A. L. FranJclin, solicitor-general, John M. Graham, contra.

2Cited by1 opinion

  1. Taylor v. StateCourt of Appeals of Georgia · 1922

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