PARISE v. STATE

35828.

92 Ga. App. 598 (1955)

89 S.E.2d 673

PARISE et al. v. THE STATE.

Court of Appeals of Georgia.

Decided September 20, 1955.


Attorney(s) appearing for the Case

S. B. Wallace, for plaintiffs in error.

Claude Christopher, Solicitor, contra.


CARLISLE, J.

1. "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); and where, from all the evidence adduced upon the trial and every reasonable inference to be drawn therefrom, every reasonable hypothesis save that of the guilt of the accused is not excluded by the facts proved...

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