Alabama Court of Appeals, 1925

King v. State

King v. State
Alabama Court of Appeals · Decided March 24, 1925
20 Ala. App. 684; 103 So. 925

King v. State

Opinion of the Court

PER CURIAM.

The evidence in this case has been examined and considered by this court en banc. We are of the opinion that the state failed to meet the burden of proof necessary to a conviction of either of the defendants. The probabilities of innocence are entirely too numerous to permit the conviction .of these two men to stand. Jeffries v. State, 7 Ala. App. 144, 62 So. 270; McMickens v. State, 16 Ala. App. 78, 75 So. 626; Wade v. State, 17 Ala. App. 371, 84 So. 858. The defendants were entitled to the general affirmative charge requested in writing. Por the error in refusing these charges, the judgment of conviction is reversed, and the cause is remanded. Under all the evidence hero shown, the defendants were entitled to an acquittal. Reversed and remanded.

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