Koonce v. State

The facts adduced upon the trial of this case, in the court below, are very similar to the facts in the case of Olark v. State (Ala. App.) 90 South. 16. If there is any difference in the evidence in these cases, it would appear that the evidence offered by the state in the case at bar is not as strong as the evidence in the Olark Case, supra. The same may be said as to the eases of Mitchell v. State, 89 South. 98, 2 and Adams v. State, 90 South. 42. 3 in each of these cases this court has held that the defendant was entitled to the general affirmative charge, for the reason that the evidence…