McCrary v. Latham

CARR, Judge.

This is the second appeal in this case. McCrary v. Latham, 244 Ala. 409, 13 So.2d 881. Upon the former consideration of this-cause the Supreme Court set out with accurate particularity the pleading and evi ■dence had on the first trial in the circuit •court. This was in all material aspects the same on the second trial. We see no necessity for a repetition here. There was a verdict for appellee on both trials.

The Supreme Court reversed the cause for error in giving the general affirmative charge for defendant under plea five. Mc-Crary v. Latham, supra.

In the instant case it is…