
    Rogers v. The State.
    Appeal-from Gadsden City Court.
    
      Tried before tbe Hon. John H. Disquio.
    Aiken & Martin, for appellant.
    William C. Fitts, Attorney-General, for the State.
   Tbe appellant was indicted and tried for murder; was convicted of murder in the second degree, and sentenced to tbe penitentiary for ten years. On this appeal tbe court bolds that tbe trial court in its rulings followed tbe ruling of tbis court on tbe former appeal, and that there was no error in tbe record — Rogers v. State, 117 Ala. 9. Tbe judgment of conviction is affirmed.

Opinion by

McClellan, J.  