Opinion
7 Div. 637.
May 20, 1930. Rehearing Denied June 24, 1930.
Appeal from Circuit Court, Cherokee County; A. E. Hawkins, Judge.
Certiorari denied by Supreme Court in Cason v. State, 222 Ala. 704, 131 So. 909.
L. H. Ellis, of Columbiana, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
The judgment in this case is affirmed on the authority of Mars v. State (6 Div. 633) 23 Ala. App. 569, 129 So. 314, and Wilkerson v. State (6 Div. 634) 23 Ala. App. 520, 128 So. 777, both Ala. App., which settle the question of the sufficiency of the indictment.
The other question presented on the court's ruling refusing to permit defendant to testify as to his declaration, when he left home is without merit.
The judgment is affirmed.
Affirmed.