Wade v. State

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

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.