¶1 The only question presented in this case is one of fact. The evidence is in irreconcilable' conflict, and that offered by the state, if believed, is sufficient to support the conclusion that the defendant is guilty as charged. The trial judge was in a better position to judge of the credibility of the witnesses than we are, and we do not feel justified in disturbing the judgment of conviction. Williams v. State, ante, p. 329, 77 South. 923. Affirmed.
16 Ala. App. 446
78 So 644
Kelly v. State
Decided April 16, 1918
Alabama Court of Appeals · decided 1918-04-16
<p>Criminal Law ■f=1159(3) — Appeal — Review-Conflicting Evidence.</p> <p>Where the evidence is conflicting, and that offered by the state, if believed, is sufficient to support a judgment for conviction, the judgment will not be disturbed on appeal.</p>
Affirmed · Decided 1918-04-16