Grimmett v. State

A scintilla of evidence going to support the state's contention necessitates reference of issue raised thereby to the jury for decision, at least in first instance. See Norwood Hospital v. Brown, 219 Ala. 445, 122 So. 411.

The above statement of the law disposes of the main question in this case — whether or not appellant was entitled to have the jury given at his request the general affirmative charge to find in his favor.

Manifestly, from only a casual reading of the testimony, there was a scintilla, or more, of evidence pointing to his guilt.

Appellant's capable and resourceful counsel argues…