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Ervin v. State

Court of Appeals of Alabama
Dec 17, 1935
164 So. 828 (Ala. Crim. App. 1935)

Opinion

2 Div. 582.

December 17, 1935.

Appeal from Circuit Court, Dallas County; John Miller, Judge.

Frank Ervin was convicted of an offense, and he appeals.

Reversed and remanded.

Pitts Pitts, of Selma, for appellant.

A. A. Carmichael, Atty. Gen., and Jas. L. Screws and Wm. H. Loeb, Asst. Attys. Gen., for the State.


The court has carefully read the entire testimony in this case, sitting en banc.

There is no need to puzzle our minds over the question of whether or not there was a scintilla of evidence pointing to the guilt of appellant. There certainly was not more. And this scintilla, even if it existed, was not sufficient to carry the case to the jury, much less sustain the verdict of conviction. Ex parte Grimmett, 228 Ala. 1, 152 So. 263.

For the error in overruling appellant's motion to set aside the verdict of the jury and to grant to him a new trial, the judgment is reversed, and the cause remanded.

Reversed and remanded.


Summaries of

Ervin v. State

Court of Appeals of Alabama
Dec 17, 1935
164 So. 828 (Ala. Crim. App. 1935)
Case details for

Ervin v. State

Case Details

Full title:ERVIN v. STATE

Court:Court of Appeals of Alabama

Date published: Dec 17, 1935

Citations

164 So. 828 (Ala. Crim. App. 1935)
27 Ala. App. 4

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