GOOCH v. STATE

(126 So. 607) GOOCH v. STATE. 8 Div. 902. Court of Appeals of Alabama. March 4, 1930. Jas. C. Roberts, of Florence, for appellant. Charlie C. McCall, Atty. Gen., for the State. [MAJORITY — RICE, J.] RICE, J. It constituted reversible error to allow the state to introduce testimony, over appellant’s timely objection and exception, that appel- lant had been previously convicted of the offense of distilling, etc., prohibited liquors. Ex parte Marshall, 207 Ala. 566, 93 So. 471, 25 A. L. R. 338; Lakey v. State, 206 Ala. 180, 89 So. 605. But, aside from this, the court has read the entire evidence in the case, sitting en banc; and, without discussing same, we state our conclusion to be that it was insufficient to support the verdict of the jury findr ing appellant guilty. Appellant’s motion for a new trial should have been granted. The judgment is reversed and the cause remanded. Reversed and remanded.