The judgment in this case is affirmed on authority of Todd v. State, 13 Ala. App. 301, 69 So. 325; the principle there announced being here reaffirmed, and the reasoning here adopted.

On the evidence, it was a question for the jury to say whether the defendant was sworn as a witness in the Hooten Case. The affirmative charge was properly refused.

There is no error in the record, and the judgment is affirmed.

Affirmed.