To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.
History. Code 1981, § 24-14-6 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
History of Code section.
Former Code Section 24-4-6, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in Martin v. State, 38 Ga. 293 (1868); Carter v. State, 46 Ga. 637 (1872); and Simmons v. State, 85 Ga. 224 , 11 S.E. 555 (1890).
Law reviews.
For survey of cases dealing with criminal law and criminal procedure from June 1, 1977 through May 1978, see 30 Mercer L. Rev. 27 (1978).
For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).
For article, “Criminal Law,” see 53 Mercer L. Rev. 209 (2001).
Structure Georgia Code
Article 1 - General Provisions
§ 24-14-1. On Whom Burden of Proof Lies
§ 24-14-2. Change of Burden in Discretion of Court
§ 24-14-3. Amount of Mental Conviction Required; Preponderance of Evidence in Civil Cases
§ 24-14-4. Determining Where Preponderance of Evidence Lies
§ 24-14-5. Reasonable Doubt in Criminal Cases
§ 24-14-6. When Conviction May Be Had on Circumstantial Evidence
§ 24-14-7. Positive Testimony Preferred Over Negative; Exception
§ 24-14-8. Number of Witnesses Required Generally; Exceptions; Effect of Corroboration