Shearin v. State

In Shearin v. State, 293 Ga. App. 794, 795-798 (1) (668 SE2d 300) (2008), a jail guard was attacked by several inmates but was only able to identify one of his attackers. Id. at 797 (1). The state argued that the defendant inmates were the other participants in the attack, based solely upon circumstantial evidence that they had escaped from the jail at the time of the attack. Id. The Court reversed the defendants' convictions, holding that the circumstantial evidence failed to exclude the reasonable hypothesis that the defendants "merely seized the opportunity to flee from the jail" at the time of the attack. Id.