Weakley v. State
This text of 147 So. 926 (Weakley 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.
Opinion
The court has read this record en banc and has reached the conclusion that a new trial should be granted. While there is a scintilla of evidence tending to prove the corpus delicti and the defendant’s connection with five or six bottles of home brew found by the officers hidden in a trunk in an upstairs room of defendant’s residence, we do not think the evidence rises to that degree of certainty which is necessary to a conviction in a criminal case.
The trial judge should have granted the defendant’s motion for a new trial, and for that reason the judgment is reversed and the cause is remanded.
Reversed and remanded.
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Cite This Page — Counsel Stack
147 So. 926, 25 Ala. App. 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weakley-v-state-alactapp-1933.