Ex Parte Smiley

We granted certiorari review in order to determine whether the evidence was sufficient to support the jury's verdict. We hold that it was not.

Arthur James Smiley was convicted of murder and was sentenced to 20 years' imprisonment. The Court of Criminal Appeals affirmed the judgment of conviction. Smiley v. State,655 So.2d 1074 (Ala.Crim.App. 1993).

A summary of the facts follows: The victim, Beatrice Brown, was living with Smiley's brother in a "high crime area" in Birmingham, Alabama. On July 20, 1991, the brother telephoned Smiley at his house and asked him to come and visit with him and the…