Lewis v. State

BRICKEN, Presiding Judge.

This prosecution grew out of a deplorable tragedy wherein the life of an estimable woman was lost by having been struck by an automobile driven by this appellant.

This is the second appeal in this case. 26 Ala.App. 515, 162 So. 552.

We find''upon investigation that evidence upon the former trial was practically the same as that adduced upon the second trial from the judgment of which this appeal was taken. This is substantially true also as to the points of decision involved. On the former appeal this court held that the evidence afforded merely a scintilla of the guilt…