Lott v. State

Alabama Court of Appeals

Lott v. State

142 So. 923, 25 Ala. App. 652

CourtAlabama Court of Appeals

DecidedJune 21, 1932

Docket8 Div. 572.

StatusPublished

This text of 142 So. 923 (Lott v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lott v. State, 142 So. 923, 25 Ala. App. 652 (Ala. Ct. App. 1932).

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Opinion

BRICKEN, P. J.

The ■ judgment of conviction from which this appeal is taken is reversed for the error of the trial court in refusing, at the written request of defendant, to give the general affirmative charge. On the trial of this case *653 there was no semblance of testimony tending to connect this appellant with the commission of the offense complained of. It would be unconscionable and a travesty upon justice to permit the conviction of this appellant to stand in the absence of any evidence even tending to show his guilt. Upon another trial of this case without more and better evidence the trial court should promptly discharge the accused from further custody in this proceeding.'

Reversed and remanded.

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BRICKEN, P. J.

The ■ judgment of conviction from which this appeal is taken is reversed for the error of the trial court in refusing, at the written request of defendant, to give the general affirmative charge. On the trial of this case *653 there was no semblance of testimony tending to connect this appellant with the commission of the offense complained of. It would be unconscionable and a travesty upon justice to permit the conviction of this appellant to stand in the absence of any evidence even tending to show his guilt. Upon another trial of this case without more and better evidence the trial court should promptly discharge the accused from further custody in this proceeding.'

Reversed and remanded.

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Bluebook (online)

142 So. 923, 25 Ala. App. 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lott-v-state-alactapp-1932.