Ex Parte Grimmett

BROAVN, Justice.

The Court of Appeals, in the opinion brought under review, by the petition for the writ of certiorari, applying the rule which obtains in civil cases in this jurisdiction, holds that: “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” —citing in support of this holding Norwood Hospital v. Brown, 219 Ala. 445, 122 So. 411.

After an examination of the authorities, we have been unable to find any decision of this or any other court of last resort that has invoked…