Ex Parte Donley

Michael Erin Donley (defendant) petitions this court to review the decision of the Court of Criminal Appeals which affirmed his conviction for making harassing telephone calls in violation of Code 1975, § 13A-11-8 (b)(1)(b). We granted certiorari to review the issue of whether the prosecution proved defendant's guilt beyond a reasonable doubt. The Court of Criminal Appeals, 429 So.2d 603, concluded it did. We conclude it did not, and we reverse and remand.

The opinion of the Court of Criminal Appeals sets out the procedural and substantive facts of this case. In summary, the essential…