General
SIMMONS v. STATE
16 Ala. App. 39078 So. 306·Alabama Court of Appeals·1918·AL
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Opinion
(78 South. 306)
SIMMONS v. STATE.
(6 Div. 445.)
(Court of Appeals of Alabama.
March 12, 1918.)
Appeal from Circuit Court, Marion County; C. P. Almon, Judge.
Jim Simmons was indicted, tried, and convicted of felonious adultery, and from the judgment appeals.
Reversed and remanded.
E. B. & K. Y. Eite, of Hamilton, for appellant. F. Loyd Tate, Atty. Gen., and Emmett S. Thigpen, Asst. Atty. Gen., for the State.
[MAJORITY — SAMEORD, J.]
SAMEORD, J.
There is not sufficient evidence disclosed by the bill of exceptions to warrant the submission of this case to the jury, and on authority of Metcalf v. State, ante, p. 389, 78 South. 305, the judgment is reversed, and the cause is remanded.
Reversed and remanded.