Public-domain · open source
OpenJurist

23 Ala. App. 437

126 So 607

Gooch v. State

Alabama Court of Appeals

Decided March 4, 1930

Alabama Court of Appeals · decided 1930-03-04

Relies on Lakey v. State · Ex Parte Marshall

Decided 1930-03-04

RICE, J.

¶1 It constituted reversible error to allow the state to introduce testimony, over appellant’s timely objection and exception, that appel-

¶2 lant had been previously convicted of the offense of distilling, etc., prohibited liquors. Ex parte Marshall, 207 Ala. 566, 93 So. 471, 25 A. L. R. 338; Lakey v. State, 206 Ala. 180, 89 So. 605.

¶3 But, aside from this, the court has read the entire evidence in the case, sitting en banc; and, without discussing same, we state our conclusion to be that it was insufficient to support the verdict of the jury findr ing appellant guilty. Appellant’s motion for a new trial should have been granted.

¶4 The judgment is reversed and the cause remanded.

¶5 Reversed and remanded.

/23/alaapp/437 · .json · Public domain