We concur with the opinion of the Court of Appeals that the evidence in the case, fully set out in the opinion of the Court of Appeals, presented a jury question. Howard v. State,108 Ala. 571, 18 So. 813.

We also concur in the holding that charges 4 and 5 requested in writing were refused without error.

Writ of certiorari is, therefore, denied and petition dismissed.

FOSTER, LAWSON and SIMPSON, JJ., concur. *Page 606