OGDEN v. STATE

36876.

96 Ga. App. 508 (1957)

100 S.E.2d 588

OGDEN v. THE STATE.

Court of Appeals of Georgia.

Decided October 16, 1957.


Attorney(s) appearing for the Case

Joe Thomas, for plaintiff in error.

W. Glenn Thomas, Solicitor-General, contra.


TOWNSEND, J.

The sole special ground of the motion for new trial assigns error on the failure of the court to charge without request that principle of law applicable to criminal cases that "where the facts in evidence and all reasonable reductions therefrom present two theories, one of guilt and the other consistent with innocence, the justice and humanity of the law compel the acceptance of the theory which is consistent with innocence." Assuming without deciding...

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