
    1477.
    Jamison v. The State.
    Accusation of larceny, from city court of Floyd county — Judge Hamilton. October 28, 1908.
    Argued November 23,
    Decided December 8, 1908.
    
      M. B. Eubanks, for plaintiff in error.
    
      W. PL. Ennis, solicitor-general, contra.
   Hill, C. J.

In a criminal ease where the evidence relied upon by the State was entirely circumstantial and without probative value, because consistent with innocence and not exclusive of every reasonable hypothesis except that of guilt, a conviction was unauthorized, and a new trial should have been granted. Judgment reversed.

Powell, J.,

dissenting. I think the evidence is amply conclusive to justify the conviction.  