Supreme Court of Alabama, 1968

State ex rel. Gallion v. Thomas

Supreme Court of Alabama · Decided October 25, 1968 · Livingston, Lawson, Simpson, Kohn, Merrill, Coleman, Har-Wood

283 Ala. 227; 215 So. 2d 443; 1968 Ala. LEXIS 1014

Cases that cite this one

1 later published case cites this decision.

Alonzo v. State ex rel. Booth (Ala. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This impeachment proceeding is in the nature of a criminal prosecution, hence the defendant came into this Court with a presumption of innocence. The burden was upon the prosecution to adduce evidence sufficient to establish the defendant’s guilt beyond a reasonable doubt and to a moral certainty.

We have given careful consideration to the evidence presented and cannot say that the prosecution has met the burden which was upon it. Consequently, we hold the defendant to be not guilty of any of the charges made against him in the Information filed in this Court by the prosecution. A judgment of acquittal will be entered by the Clerk of this Court.

LIVINGSTON, C. J., and LAWSON, SIMPSON and KOHN, JJ., concur. MERRILL, COLEMAN and HAR-WOOD, JJ., dissent.

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