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25 Ala. App. 694

147 So 926

Weakley v. State

Alabama Court of Appeals

Decided April 4, 1933

Alabama Court of Appeals · decided 1933-04-04

Decided 1933-04-04

SAMFORD, Judge.

¶1 The court has read this record en banc and has reached the conclusion that a new trial should be granted. While there is a scintilla of evidence tending to prove the corpus delicti and the defendant’s connection with five or six bottles of home brew found by the officers hidden in a trunk in an upstairs room of defendant’s residence, we do not think the evidence rises to that degree of certainty which is necessary to a conviction in a criminal case.

¶2 The trial judge should have granted the defendant’s motion for a new trial, and for that reason the judgment is reversed and the cause is remanded.

¶3 Reversed and remanded.

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