160 So. 266 | Ala. Ct. App. | 1935
Waiving all other matters, it will suffice for the disposition of this appeal to quote again the test for the sustaining of a conviction of the offense with which appellant was charged — and of which we may harmlessly here concede the jury convicted him — which we quoted in our opinion in the case of Wilson v. State,
The fact that appellant's conduct, as shown by the testimony on the part of the state, was subject to censure, is no sufficient legal basis for his conviction of the heinous offense indicated by the verdict of the jury.
For the error in overruling his motion to set aside the verdict of the jury and the judgment of conviction rendered thereon, the said judgment is reversed and the cause remanded.
Reversed and remanded.