Stovall v. State

Alabama Court of Appeals

Stovall v. State

112 So. 925, 22 Ala. App. 692

CourtAlabama Court of Appeals

DecidedApril 5, 1927

Docket7 Div. 325.

StatusPublished

This text of 112 So. 925 (Stovall 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

Stovall v. State, 112 So. 925, 22 Ala. App. 692 (Ala. Ct. App. 1927).

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Opinion

RICE,'J.

Several questions of merit were raised on the trial of this case. The court has, however, read the entire evidence, sitting en banc, and we are of the opinion that there is nothing in same which justified the question of *693 the guilt vel non of the defendant being submitted to the jury. There are, it is true, one or two circumstances shown which might give rise to a very slight suspicion of his guilt; but this is, of course, not enough. The general affirmative charge, requested by appellant, should have been given, and for the error in its refusal the judgment is reversed and the cause remanded. Reversed and remanded.

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RICE,'J.

Several questions of merit were raised on the trial of this case. The court has, however, read the entire evidence, sitting en banc, and we are of the opinion that there is nothing in same which justified the question of *693 the guilt vel non of the defendant being submitted to the jury. There are, it is true, one or two circumstances shown which might give rise to a very slight suspicion of his guilt; but this is, of course, not enough. The general affirmative charge, requested by appellant, should have been given, and for the error in its refusal the judgment is reversed and the cause remanded. Reversed and remanded.

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112 So. 925, 22 Ala. App. 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stovall-v-state-alactapp-1927.