Finley v. State

MADDOX, Justice.

The Court of Criminal Appeals, 52 Ala.App. 574, 295 So.2d 427, unanimously reversed the conviction of Frank James Finley for carnal knowledge or abuse in an attempt to have carnal knowledge of a child under the age of twelve and remanded the cause to the circuit court. On petition by the State of. Alabama for certiorari, we granted the writ in order to review the opinion and judgment. The only point on which the judgment was reversed, and the only issue before us is stated in the opinion of the Court of Criminal Appeals:

“In appellant’s motion for a new trial, he insisted the…