Opinion
2 Div. 190.
April 2, 1918.
Appeal from Circuit Court, Marengo County; R.I. Jones, Judge. Ed Johnson was convicted of the burglary of a storehouse, and appeals. Reversed and remanded.
I.I. Canterbury, of Linden, for appellant.
F. Loyd Tate, Atty. Gen., for the State.
The only question presented is the action of the court in refusing to give to the jury, at the request of the defendant, the general affirmative charge. We have examined the evidence, and are of the opinion that the insistence of appellant is correct. The Attorney General in brief confesses error. The judgment is reversed, and the cause is remanded. Smith v. State, 133 Ala. 145, 31 So. 806, 91 Am. St. Rep. 21. Reversed and remanded.