
    Roberts v. The State.
    Submitted January 22,
    Decided February 3, 1902.
    Indictment for larceny. Before Judge Reagan. Pike superior court. December 17, 1901.
    
      B. T. Daniel and A. B. Dope, for plaintiff in error.
    
      O. H B. Bloodworth, solicitor-general, contra.
   Simmons, C. J.

The evidence was entirely circumstantial, failed sufficiently to show that the cotton found in the possession of the accused was that alleged to have been stolen, was not inconsistent with the innocence of the accused, and was insufficient to exclude every reasonable hypothesis other than that of his guilt. Therefore the verdict was contrary to law, and the judge erred in refusing to set it aside.

Judgment reversed.

All the Justices concurring.  