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Floyd v. State

Floyd v. State, 172 S.E. 577 (Ga. Ct. App. 1934)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
January 10, 1934
Docket
No. 23701
Judges
Broyles
Citations
172 S.E. 57748 Ga. App. 2241934 Ga. App. LEXIS 19

Opinion of the Court — Broyles

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Broyles, C. J.

The evidence tending to connect the accused with the offense charged (cow stealing) was wholly circumstantial and was not sufficient to exclude every reasonable hypothesis save that of his guilt. It follows that the verdict of guilty was unauthorized, and that the court erred in refusing to grant a new trial.

Judgment reversed.

Querry, J:, concurs. MacIntyre, J., dissents.

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