Legal Opinion

Riley v. State

Alabama Court of Appeals

Decided November 22, 1938No. 4 Div. 403PublishedCited by 9 opinions

1Opinion of the Court

SAMFORD, Judge.

It has many times been held‘by this court that the presumption of innocence is an evidentiary fact, and attends a defendant throughout his trial and until his guilt has been' established by the evidence beyond a reasonable doubt. It has also been declared in many cases that .mere suspicion, no matter how strong, is not sufficient to overturn the presumption of innocence. Facts and circumstances that only give rise to suspicion of gui]t will not justify a verdict of conviction. Spelce v. State, 17 Ala.App. 401, 85 So. 835; Sturdivant v. State, 25 Ala.App. 200, 143 So. 201.

The…

2Cases cited2 opinions

  1. Spelce v. StateAlabama Court of Appeals · 1920
  2. Sturdivant v. StateAlabama Court of Appeals · 1932

3Cited by9 opinions

  1. Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Ex Parte WilliamsSupreme Court of Alabama · 1985
  3. Weathers v. StateCourt of Criminal Appeals of Alabama · 1983
  4. McPherson v. StateAlabama Court of Appeals · 1940
  5. Wright v. StateAlabama Court of Appeals · 1954

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