
    (117 So. 908)
    LYLES v. STATE.
    (8 Div. 672.)
    Court of Appeals of Alabama.
    June 30, 1928.
    Rehearing Denied Aug. 7, 1928.
    James C. Roberts, of Florence, for appellant.
    Charlie C. McCall, Atty. Gen., for the State.
    Brief did not reach the Reporter.
   SAMFORD, J.

Without going into a detailed discussion of the evidence, we hold that the facts and legal inferences to be drawn therefrom are sufficient to sustain the conviction. The facts in this case are easily distinguishable from the facts in those cases cited by appellant in his brief.

Refused charge 4 is an argument, and refused charge 5 is not predicated upon all of the evidence.

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

Affirmed.  