Atkins v. State

■ BRICKEN, Presiding Judge.

The points of decision involved on this appeal have but recently been definitely decided by this court in the cases of Pettus v. State, 26 Ala.App. 347, 159 So. 502, and Ingram v. Town of Heflin, ante, p. 44, 165 So. 600.

Inferior courts are bound by the decisions of the appellate courts of this state and should keep informed as to these decisions. Had this been done in the case at bar the labor expense and time involved would have been avoided.

Under the evidence in this case, the state failed to meet the necessary burden of proof, and the trial court - should have…