Miller v. State

Luke, J.

The evidence as to the defendant’s carrying the pistol without a license being entirely circumstantial, and the proved facts failing to *305exclude every other reasonable hypothesis than that of the guilt of the accused, the court erred in overruling the motion for a new trial.

Decided January 11, 1927. J. J. Harris, for plaintiff in error. George C. Evans, solicitor, contra.

Judgment reversed.

Broyles, C. J., concurs. Bloodworth, J., absent on account of illness.