
    161 So. 918
    J. P. HEIDT v. STATE.
    8 Div. 187.
    Court of Appeals of Alabama.
    June 4, 1935.
    McAfee & Nix, of Decatur, for appellant.
    A. A. Carmichael, Atty. Gen., for appellee.
   BRICKEN, Presiding Judge.

The evidence in this case has been road and considered by the court en banc. It is the opinion of the court that the state failed to meet the burden of proof necessary to a conviction ; therefore error prevailed by the court’s refusal to give the affirmative charge requested in writing by defendant.

Reversed and remanded.  