King v. State

Appellant was convicted of the offense of “Living in Adultery” with one Cordie Beck. Code 1923, § 319S.

A recital of the tendencies of the evidence would not be profitable. Suffice to say that we have carefully read the entire testimony and are of the opinion that, while it was sufficient, in the first instance, under the scintilla rule that prevails in this state (McMillan v. Aiken, 205 Ala. 35, 88 So. 135), to carry the issue of appellant’s guilt vel non to the jury, yet, upon appellant’s timely motion for a new trial, the verdict of the jury should have been set aside, in accordance with…