Sexton v. State

On Rehearing.

BOULDIN, J.

Petitioner insists on rehearing that the case of Casey v. State, 19 Ala. App. 317, 97 So. 165, followed by the Court of Appeals in the present case, is not supported by Hardeman v. State, 202 Ala. 694, 81 So. 656.

Be this as it may, the decision in Casey v. State, supra, upon the point to which it is cited is correct. Hughes v. State, 11 Ala. App. 307, 66 So. 844, and cases there cited; 16 C. J. 1282.

Application for rehearing overruled.

ANDERSON, C. J., and GARDNER and FOSTER, JJ., concur.