Austin v. State

RICE, Judge.

Regardless of what the law once was, it seems now definitely settled that a mere “gleam,” “glimmer,” “spark,” “the least particle,” the “smallest trace” — “a scintilla” — (all, of evidence), is not sufficient to require the guilt vel non of one accused of crime (and on trial) to be submitted to the jury — in the face of the presumption of innocence attending such a one’s plea of not guilty. Ex parte Grimmett, 228 Ala. 1, 152 So. 263; Code 1923, Sec. 7318. But that before the question of such an one’s guilt shall be submitted to the jury for its decision “there must be substantial…