Toler v. State

• Court: Georgia Supreme Court
• Writing for the Court: LUMPKIN, P.J.
• Citation: Toler v. State, 107 Ga. 682, 33 S.E. 629 (Ga. 1899)
• Decision Date: 15 March 1899
• Parties: TOLER v. STATE.

33 S.E. 629

107 Ga. 682

TOLER v. STATE.

Supreme Court of Georgia

March 15, 1899

Syllabus by the Court.

While the failure of the court upon a criminal trial in which the evidence against the accused is entirely circumstantial to instruct the jury concerning the rule applicable to evidence of this character would, in a close or doubtful case, be cause for a new trial, such failure will not require another trial when the guilt of the accused is clearly and convincingly proved, and the charge as to the amount and character of proof requisite to a lawful conviction is such as to leave no room for doubt that the verdict would have been the same even if the court had, in terms, stated to the jury that in order to warrant a verdict of guilty the evidence must not only be consistent with the guilt of the accused, but inconsistent with every other reasonable hypothesis.

Error from superior court, Irwin county; C. C. Smith, Judge.

J. H Toler was convicted of burglary, and brings error. Affirmed.

John R Cooper, for plaintiff in error.

John F De Lacy, Sol. Gen., for the State.

LUMPKIN P.J.

The plaintiff in error was convicted of burglary, and moved for a new trial. The only special ground of his motion argued here was one complaining of the court's omission to instruct the jury upon the law of circumstantial evidence. The record discloses that the evidence upon which the conviction was had was entirely circumstantial. This court, in Hamilton v State, 96 Ga. 301, 22 S.E. 528, held that in cases of this character it was the duty of the judge, whether so requested or not, to state to the jury the law with regard to circumstantial evidence. In the opinion it was said that a failure to do this would, in a close or doubtful case, entitle the accused to a new trial. It by no means follows, however, that such failure will...