State ex rel. Gallion v. Thomas

Supreme Court of Alabama

State ex rel. Gallion v. Thomas

215 So. 2d 443, 283 Ala. 227, 1968 Ala. LEXIS 1014

CourtSupreme Court of Alabama

DecidedOctober 25, 1968

Docket8 Div. 309

StatusPublished

Cited by2 cases

This text of 215 So. 2d 443 (State ex rel. Gallion v. Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Gallion v. Thomas, 215 So. 2d 443, 283 Ala. 227, 1968 Ala. LEXIS 1014 (Ala. 1968).

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Opinion

PER CURIAM.

This impeachment proceeding is in the nature of a criminal prosecution, hence the defendant came into this Court with a presumption of innocence. The burden was upon the prosecution to adduce evidence sufficient to establish the defendant’s guilt beyond a reasonable doubt and to a moral certainty.

We have given careful consideration to the evidence presented and cannot say that the prosecution has met the burden which was upon it. Consequently, we hold the defendant to be not guilty of any of the charges made against him in the Information filed in this Court by the prosecution. A judgment of acquittal will be entered by the Clerk of this Court.

LIVINGSTON, C. J., and LAWSON, SIMPSON and KOHN, JJ., concur. MERRILL, COLEMAN and HAR-WOOD, JJ., dissent.

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PER CURIAM.

This impeachment proceeding is in the nature of a criminal prosecution, hence the defendant came into this Court with a presumption of innocence. The burden was upon the prosecution to adduce evidence sufficient to establish the defendant’s guilt beyond a reasonable doubt and to a moral certainty.

We have given careful consideration to the evidence presented and cannot say that the prosecution has met the burden which was upon it. Consequently, we hold the defendant to be not guilty of any of the charges made against him in the Information filed in this Court by the prosecution. A judgment of acquittal will be entered by the Clerk of this Court.

LIVINGSTON, C. J., and LAWSON, SIMPSON and KOHN, JJ., concur. MERRILL, COLEMAN and HAR-WOOD, JJ., dissent.

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Bluebook (online)

215 So. 2d 443, 283 Ala. 227, 1968 Ala. LEXIS 1014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-gallion-v-thomas-ala-1968.

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