Opinion
1 Div. 882.
December 17, 1929.
Appeal from Circuit Court, Monroe County; T. J. Bedsole, Judge.
Defendant was indicted for murder and convicted of manslaughter in the first degree, and appeals. Reversed and remanded.
See, also, post, p. 351, 125 So. 799.
C. L. Hybart, of Monroeville, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
We have read this record en banc and fail to find any evidence to justify a conviction. What other influences brought about the verdict of guilt are not disclosed by the record. Be that as it may, the law requires some evidence of guilt before a conviction will be permitted to stand.
The affirmative charge should have been given for defendant. The defendant's motion for a new trial should have been granted. The judgment is reversed, and the cause is remanded.
Reversed and remanded.