Opinion
8 Div. 187.
June 4, 1935.
Appeal from County Court, Morgan County; Seybourn H. Lynne, Judge.
McAfee Nix, of Decatur, for appellant.
A. A. Carmichael, Atty. Gen., for appellee.
The evidence in this case has been read and considered by the court en banc. It is the opinion of the court that the state failed to meet the burden of proof necessary to a conviction; therefore error prevailed by the court's refusal to give the affirmative charge requested in writing by defendant.
Reversed and remanded.