Part 14 · Proof Generally

Rule 24-14-6. When conviction may be had on circumstantial evidence

Amended 2013 (current)

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 of 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).

Committee Notes

(Code 1981, § 24-14-6 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.)