FLEMING v. STATE

51684.

137 Ga. App. 805 (1976)

224 S.E.2d 792

FLEMING v. THE STATE.

Court of Appeals of Georgia.

Decided February 6, 1976.

Rehearing Denied March 1, 1976.


Attorney(s) appearing for the Case

Stan Durden, for appellant.

Ken Stula, Solicitor, for appellee.


QUILLIAN, Judge.

The defendant appeals from her conviction of pointing a pistol at another (Criminal Code of Georgia § 26-2908; Code Ann. § 26-2908 (Ga. L. 1968, pp. 1249, 1325)).

1. The following charge is enumerated as error: "... where all the facts and circumstances of the case and all reasonable deductions therefrom present two theories of equal probability, one of innocence and one of guilt; there the jury should acquit."

In Gravitt...

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