(121 So. 922)
George GILBERT v. STATE.
(7 Div. 511.)
Court of Appeals of Alabama.
March 19, 1929.
Chas. J. Scott and J. A. Johnson, both of Fort Payne, for appellant.
Charlie C. McCall, Atty. Gen., and J. W. Brassell, Asst. Atty. Gen., for the State.
[MAJORITY — RICE, J.]
RICE, J.
This entire record, including the whole evidence in the case, has been examined and read by the court, sitting en bane. We are clear to the conclusion that appellant’s motion for a new trial should have been granted, oh the ground of the insufficiency of the evidence to sustain the jury’s verdict, and, for the error, in overruling it, the judgment is reversed and the cause is remanded.
Reversed and remanded.