Smith v. State

• Decision Date: 15 November 1916
• Docket Number: 56.
• Citation: 90 S.E. 713,146 Ga. 76
• Parties: SMITH v. STATE.
• Court: Georgia Supreme Court

90 S.E. 713

146 Ga. 76

SMITH v. STATE.

No. 56.

Supreme Court of Georgia

November 15, 1916

Syllabus by the Court.

There was no error in causing two jurors to be set aside for cause, who, upon their voir dire, stated that they were opposed to capital punishment in cases dependent upon circumstantial evidence.

This case depends entirely upon circumstantial evidence, but the proved facts were not only consistent with guilt, but were sufficient to exclude every other reasonable hypothesis. The trial court approved the verdict, and no errors of law were committed.

Error from Superior Court, Chatham County; W. G. Charlton, Judge.

Frank Smith was convicted of crime, and brings error. Affirmed.

Atkinson and Gilbert, JJ., dissent as to the sufficiency of the evidence.

J. J. Bouhan and P. W. Meldrim, both of Savannah, for plaintiff in error.

Walter C. Hartridge, Sol. Gen., of Savannah, Clifford Walker, Atty. Gen., and Mark Bolding, of Atlanta, for the State.

PER CURIAM.

Judgment affirmed.

All the Justices concur, except ATKINSON and GILBERT, JJ., dissenting.