2021 Georgia Code
Title 24 - Evidence
Chapter 14 - Proof Generally
Article 1 - General Provisions
§ 24-14-6. When Conviction May Be Had on Circumstantial Evidence

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.

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

- 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).

ANALYSIS

• General Consideration
• Exclusion of Reasonable Hypothesis
• Instructions
• Sufficiency of Circumstantial Evidence
• Appeal

RESEARCH REFERENCES

Am. Jur. 2d.

- 29A Am. Jur. 2d, Evidence, § 1390.

- 32A C.J.S., Evidence, §§ 1604, 1605.

- May conviction of perjury rest on circumstantial evidence, 15 A.L.R. 634; 27 A.L.R. 857; 42 A.L.R. 1063; 88 A.L.R.2d 852.

Character and sufficiency of evidence to show that letter was mailed, 25 A.L.R. 9; 86 A.L.R. 541.

Instruction on circumstantial evidence in criminal case, 89 A.L.R. 1379.

Evidence of acquisition or possession of money, source of which is not traced, as admissible against defendant in criminal case, 123 A.L.R. 119; 91 A.L.R.2d 1046.

Admissibility, in prosecution for burglary, of evidence that defendant, after alleged burglary, was in possession of burglarious tools and implements, 143 A.L.R. 1199.

Conviction of criminal offense without evidence as denial of due process of law, 80 A.L.R.2d 1362.

Homicide: identification of victim as person named in indictment or information, 86 A.L.R.2d 722.

Conviction of perjury where one or more of elements is established solely by circumstantial evidence, 88 A.L.R.2d 852.

Construction of statute or ordinance making it an offense to possess or have alcoholic beverages in opened package in motor vehicle, 35 A.L.R.3d 1418.

What amounts to "exclusive" possession of stolen goods to support inference of burglary or other felonious taking, 51 A.L.R.3d 727.

Conviction of possession of illicit drugs found in premises of which defendant was in nonexclusive possession, 56 A.L.R.3d 948.

Conviction of possession of illicit drugs found in automobile of which defendant was not sole occupant, 57 A.L.R.3d 1319.

Validity and construction of statute creating presumption or inference of intent to sell from possession of specified quantity of illegal drugs, 60 A.L.R.3d 1128.

Modern status of rule regarding necessity of instruction on circumstantial evidence in criminal trial - state cases, 36 A.L.R.4th 1046.