DocketNumber: 4 Div. 680.
Judges: Bricken, Simpson
Filed Date: 4/21/1942
Status: Precedential
Modified Date: 11/2/2024
After a careful study of the evidence in this case, and applying thereto principles of law announced in each of the following cited cases, we are clear to the conclusion that the trial court erred to a reversal in overruling and denying defendant's motion for a new trial, as under said decisions the evidence adduced upon this trial was wholly insufficient upon which to predicate the conviction of the defendant, after allowing all reasonable presumptions of the correctness of the judgment of conviction from which this appeal was taken, the preponderance of evidence against said judgment is so decided as to clearly convince this court that it is wrong and unjust. Bufford v. State,
The promulgation of an opinion, other than what has been here said, is not necessary.
Reversed and remanded.