Opinion
7 Div. 130.
February 16, 1926.
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge.
Isbell Scott, of Ft. Payne, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
We have carefully examined all the evidence adduced upon the trial of this case, as shown by the record. It was totally insufficient to warrant the conviction of this appellant, and in overruling the defendant's motion to exclude the evidence the court committed reversible error. Under the whole evidence, the defendant was entitled to his discharge.
Reversed and remanded.