
    39176.
    BUTLER v. THE STATE.
    Decided November 14, 1961.
    
      Edwin A. Carlisle, for plaintiff in error.
    
      Willard H. Chason, Solicitor, contra.
   Frankum, Judge.

The conviction of the accused was founded solely on circumstantial evidence which, given its strongest intendment against him, raised a strong suspicion of his guilt, but was not sufficient to exclude every other reasonable hypothesis save that of his guilt.

Therefore, the court erred in denying his motion for a new trial.

Judgment reversed.

Nichols, P. J., and Jordan, J., concur.  