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WIGGINS v. STATE

Court of Appeals of Alabama.
May 30, 1922
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
DOCKET NO.

1 Div. 457.

Attorney(S)

Hybart Hare, of Monroeville, for appellant. The evidence was insufficient to sustain a conviction, and the court should have given the affirmative charge for the defendant. 88 So. 355; 89 So. 98; ante, p. 218, 90 So. 36; 90 So. 42; 90 So. 45. Harwell G. Davis, Atty. Gen. and Lamar Field, Asst. Atty. Gen., for the State. The affirmative charge cannot be considered, as it is not a part of the record, because not numbered or indorsed, or signed by the judge. Acts 1915, p. 815; Sharpley v. State, ante, p. 620, 93 So. 210.

JUDGES

MERRITT, J.

ACTS

No Acts

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Important Paras
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MERRITT, J.

The defendant was convicted of a violation of the prohibition laws and he appeals. The court has read and considered the evidence contained in record, and we are of the opinion that the evidence was not sufficient to warrant a conviction. The general affirmative charge, requested by the defendant, should have been given. The judgment of conviction is reversed, and the cause remanded, Reversed and remanded.

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