
    25345.
    Miller v. The State.
    Decided January 10, 1936.
    
      Thomas J. Shackelford, George W. Westmoreland, for plaintiff in error.
    
      Clifford Pratt, solicitor-general, PL. W. Davis, contra.
   Broyles, C. J.

The evidence tending to connect the accused with the

offense charged (burglary) was wholly circumstantial (the incriminatory statement made by the defendant not amounting to a confession, and not being direct evidence), and, while raising a strong suspicion against him, was not sufficient to exclude every reasonable hypothesis save that of his guilt. The court erred in overruling the motion for a new trial.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.  