MUCKLE v. STATE

65242.

165 Ga. App. 873 (1983)

303 S.E.2d 54

MUCKLE v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 23, 1983.


Attorney(s) appearing for the Case

William C. Tinsley II, for appellant.

William A. Foster III, District Attorney, Jeffrey L. Ballew, Jeffrey P. Richards, Assistant District Attorneys, for appellee.


McMURRAY, Presiding Judge.

Defendant appeals his conviction of burglary. The evidence presented against him was entirely circumstantial and, at the close of the state's case, defendant's counsel moved for a directed verdict of acquittal, asserting (among other grounds subsequently abandoned on appeal) that the evidence failed to exclude every reasonable hypothesis save his guilt and also that there was a fatal variance between the allegata and the probata. The trial...

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