The judgment in this case is affirmed on the authority of Mars v. State (6 Div. 633) 23 Ala. App. 569, 129 So. 314, and Wilkerson v. State (6 Div. 634) 23 Ala. App. 520, 128 So. 777, both Ala. App., which settle the question of the sufficiency of the indictment.

The other question presented on the court's ruling refusing to permit defendant to testify as to his declaration, when he left home is without merit.

The judgment is affirmed.

Affirmed.