ROYALS v. STATE

4 Div. 642.

56 So.2d 368 (1951)

ROYALS v. STATE.

Supreme Court of Alabama.

Rehearing Granted April 25, 1951.

Affirmed November 15, 1951.


Attorney(s) appearing for the Case

E. C. Boswell, of Geneva, for petitioner.

Si Garrett, Atty. Gen., opposed.


LIVINGSTON, Chief Justice.

In its opinion on rehearing the Court of Appeals states that: "The identity of the accused as the perpetrator of the offense is a part and parcel of the corpus delicti of every offense." This statement is not a correct statement of the law, as is shown by the authorities cited by the Court of Appeals. The statement is a correct statement relative to the proof of the offense charged but not as to the proof of the corpus delicti.

The...

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