
    Varner et al. v. State.
    Argued October 21,
    Decided November 6, 1901.
    Accusation of larceny. Before Judge Hammond. City court of Griffin. June term, 1901.
    
      J. A. Darsey and T. E. Patterson, for plaintiff in error.
    
      O. H. P. Slaton and F. D. Dismuke, contra.
   Lewis, J.

The evidence created only a bare suspicion against the accused, and pointed no more strongly to their guilt than to that of several other persons ,. who had equal knowledge of the whereabouts of the stolen money and equal opportunity to steal it. The court therefore erred in not granting a new trial on the grounds that the verdict was contrary to law and the evidence.

Judgment reversed.

All the Justices concurring.  