Hegwood v. State

1. It is only where a case is solely dependent upon cireum•stantial evidence that the court is required to instruct the jury as to the law of such evidence. Accordingly, where the charge in the indictment is supported by both circumstantial and direct evidence, it is not error for the court to omit to give in charge the law of circumstantial evidence. Nobles v. State, 127 Ga. 212 (5), 213 (56 S. E. 125).

2. Where, in a ease dependent upon both positive and circumstantial evidence, the court gave in charge Penal Code § 1013, that, “Whether dependent upon positive or circumstantial evidence, the…