Opinion
1910006.
February 14, 1992.
Petition for Writ of Certiorari to the Court of Criminal Appeals (CR-89-975). Appeal from the Lamar Circuit Court, No. CC-89-111, Clatus Junkin, Judge.
James H. Evans, Atty. Gen., and Jack W. Willis, Asst. Atty. Gen., for appellant.
Robert F. Prince of Prince, Baird Poole, P.C., Tuscaloosa, for appellee.
Prior reports: Ala.Cr.App., 536 So.2d 957 and 594 So.2d 1245.
WRIT DENIED.
HORNSBY, C.J., and ALMON, HOUSTON and INGRAM, JJ., concur.
MADDOX, STEAGALL and KENNEDY, JJ., dissent.
I would issue the writ to review the record to determine whether the evidence was indeed insufficient to support a verdict of guilty.
After that review, I might agree with the Court of Criminal Appeals; but I would review the evidence before I would agree to set aside the conviction and render a judgment for the defendant.