Wheeler v. State

I dissent from the affirmance of the judgment overruling the general grounds of the motion for new trial.

"To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” Code § 38-109; Graham v. State, 183 Ga. 881 (189 SE 910); Sentell v. State, 227 Ga. 153 (179 SE2d 234). "In determining whether any other reasonable hypothesis exists, the defendant’s explanation must be taken into consideration insofar as it is consistent with the…