Wade v. State

Alabama Court of Appeals

Wade v. State

84 So. 858, 17 Ala. App. 371, 1920 Ala. App. LEXIS 52

CourtAlabama Court of Appeals

DecidedFebruary 10, 1920

Docket4 Div. 610.

StatusPublished

Cited by4 cases

This text of 84 So. 858 (Wade 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.

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Wade v. State, 84 So. 858, 17 Ala. App. 371, 1920 Ala. App. LEXIS 52 (Ala. Ct. App. 1920).

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Opinion

SAMFORD, J.

We have examined the evidence in this case, and are of the opinion that the state failed to meet the burden of proof necessary to a conviction. The probabilities of innocence are entirely too numerous to permit the conviction to stand. Jeffries v. State, 7 Ala. App. 144, 62 South. 270; McMickens v. State, 16 Ala. App. 78, 75 South. 626.

The defendant was entitled to the general affirmative charge. For the error, the judgment is reversed, and the cau'se is' remanded.

Reversed and remanded.

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SAMFORD, J.

We have examined the evidence in this case, and are of the opinion that the state failed to meet the burden of proof necessary to a conviction. The probabilities of innocence are entirely too numerous to permit the conviction to stand. Jeffries v. State, 7 Ala. App. 144, 62 South. 270; McMickens v. State, 16 Ala. App. 78, 75 South. 626.

The defendant was entitled to the general affirmative charge. For the error, the judgment is reversed, and the cau'se is' remanded.

Reversed and remanded.

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84 So. 858, 17 Ala. App. 371, 1920 Ala. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-state-alactapp-1920.

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