57 So. 1022 | Ala. Ct. App. | 1912
The charge in this case was made in the form prescribed for the offense provided for by section 7564 of the Code. —Code, § 7161, form 84. Its sufficiency was not open to question by demurrer or otherwise.—Coleman v. State, 150 Ala. 64, 43 South. 715; Jones v. State, 136 Ala. 118, 34 South. 236; Noles v. State, 24 Ala. 72.
The evidence on the trial was not such as to warrant the giving of the general affirmative charge in favor of the state. Such a charge should not be given, where
Reversed and remanded.