
    New v. The State.
    Submitted October 18,
    Decided November 10, 1905.
    Indictment for malicious mischief. Before Judge Hodnett. City court of Carrollton. September 16, 1905.
    
      Hamrick & Smith, for plaintiff in error.
    
      C. E. Boop, solicitor, by W. F. Brown, contra.
   Pish, C. J.

The evidence against the accused was entirely circumstantial, and at most authorized a mere suspicion of his guilt; whereas to warrant a conviction the evidence should have been sufficient to exclude every reasonable hypothesis save that of his guilt. The court, therefore, erred in refusing a new trial.

Judgment reversed.

All the Justices concur.  