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CLARK v. STATE

4 Div. 665.

57 So.2d 384 (1952)

CLARK v. STATE.

Supreme Court of Alabama.

Rehearing Denied March 13, 1952.

Attorney(s) appearing for the Case

E. O. Baldwin, Andalusia, Joe Nix, Jr., Greenville, and E. C. Boswell, Geneva, for petitioner.

Si Garrett, Atty. Gen., and Thos. M. Galloway, Asst. Atty. Gen., opposed.

STAKELY, Justice.

We have carefully considered the evidence on which the conviction is based and do not think it sufficient to meet requirements. The finding of the Court of Appeals as to what the evidence in substance shows to support a conviction is conclusive on our review, but whether such finding justifies the refusal of the affirmative charge as a matter of law is subject to review by us. Rainey v. State, 245 Ala. 458...

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