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17 Ala. App. 310

85 So 42

Martin v. State

Alabama Court of Appeals

Decided January 13, 1920

Alabama Court of Appeals · decided 1920-01-13

<p>Criminal Law <&wkey;753(2) — General Charge SHOULD BE GIVEN IN ABSENCE OF EVIDENCE Connecting Defendant with Crime.</p> <p>■ Though the corpus delicti is proved beyond a reasonable doubt, a general charge for defendant should be given when there is no legal evidence connecting him with the commission of the crime' as charged.</p>

Reversed and remanded · Decided 1920-01-13

BRICKEN, P. J.

¶1 We'have carefully read and considered the evidence in this case as disclosed by the record, and, while the corpus delicti is proven beyond a reasonable doubt, there is not the slightest legal evidence connecting the defendant with the commission of the crime as charged. The general charge as requested by the defendant should have been given, and for this error the judgment is reversed, and the cause is remanded.

¶2 Reversed and remanded.

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