Moore v. State

Phillip Allen Moore was convicted, following a jury tidal, of menacing. See § 13A-6-23, Ala.Code 1975. The circuit court sentenced Moore to 90 days in the county jail and placed him on supervised probation for 12 months. On the authority of Ex parte Pate, 145 So.3d 733 (Ala.2013), we reverse the conviction and render, a judgment of acquittal in favor of Moore.

I. Factual Background, and Procedural History

On June 23, 2012, Jeffrey West and his wife Kimberly were at a classic car show at Bama Trim on Highway 11 in Tuscaloosa. Moore, his brother Melvin, and Melvin’s girlfriend Beth Dove were…