Kemp v. State

• Decision Date: 19 July 1910
• Docket Number: 2,696.
• Parties: KEMP v. STATE.
• Court: Georgia Court of Appeals

68 S.E. 558

8 Ga.App. 97

KEMP v. STATE.

No. 2,696.

Court of Appeals of Georgia

July 19, 1910

Syllabus by the Court.

The incriminating circumstances raised a grave suspicion of the defendant's guilt, but are consistent with his innocence. For this reason, the conviction of the defendant was unauthorized, and a new trial should have been granted.

Error from City Court of Swainsboro; Frank Mitchell, Judge.

Cleveland Kemp was convicted of crime, and brings error. Reversed.

Powell, J., dissenting.

S. J. Tyson and W. W. Larsen, for plaintiff in error.

A. S. Bradley, Sol. Gen., for the State.

RUSSELL, J.

Judgment reversed.

POWELL, J., dissents.