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Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 14. PROOF GENERALLY · Article 1. GENERAL PROVISIONS

24-14-6. Conviction based on circumstantial evidence.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. 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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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

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).

Other notes

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch8-14-(v20a)-2023-pdf.pdf, Volume V20A, 2023 edition, page 581; merge action: annotated; file SHA-256 5c80296e7624.