
    3693.
    Mathis v. The State.
    Decided November 7, 1911.
    Indictment for larceny from house; from Floyd superior court —Judge Maddox.
    August 19, 1911.
    
      Sharp & Sharp, for plaintiff in error.
    
      John W. Bale, solicitor-general, contra.
   Hill, C. J.

The circumstances relied upon to support the verdict, weighed most strongly against the accused, are not incriminatory in character, and are only sufficient to raise a suspicion of guilt; and suspicion alone, however strong and apparently well founded, has no probative value as evidence, and a verdict based thereon, without more, is contrary to law.

Judgment reversed.  