Neely v. State

The former opinion rendered by this court in this case is withdrawn, and under the authority of Ex parte State ex rel. Attorney General, Neely v. State (Ala. Sup.) 93 South. 382, 1 we hold that the dem.urrers to the indictment were properly overruled.

Special charges 3, 4,, 5, and 6, alleged to have been refused to defendant, are not properly authenticated. They bear no indorsement of the trial judge, nor do they appear to have been filed with the clerk of the court. It follows, therefore, that these charges cannot be considered.

There was some evidence, adduced upon this trial, tending…