
    2246.
    Wilson v. The State.
    Accusation of gaming; from city court of Swainsboro — Judge Mitchell. October 1, 1909.
    Argued PTovember 30,
    Decided December 10, 1909.
    
      Sajfold & Larsen, for plaintiff in error.
    
      A. S. Bradley, solicitor, contra.
   Hill, C. J.

On the trial of a criminal case, where the proved circumstances raise only a bare suspicion of guilt, and are too weak and inconclusive to prove guilt, or to exclude a reasonable hypothesis of innocence, a verdict of conviction is without evidence to support it and should be set aside as contrary to law. Griffin v. State, 2 Ga. App. 534 (58 S. E. 781). Judgment reversed.

Powell, J.

I dissent. I think there is evidence to raise more than a mere suspicion. It was a jury question.  