Ingram v. State

On Rehearing.

On application for rehearing additional counsel for appellant, employed since the rendition of the original opinion, assert error in two rulings of the trial court, which were not treated in appellant’s brief and which we did not consider merited discussion in the opinion.

Refused charge 9 has been approved in instances where it was applicable to the case as presented by the evidence. Brown v. State, 118 Ala. 111, 23 So.2d 81; Veasey v. State, 20 Ala.App. 478, 103 So. 67; Wilson v. State, 243 Ala. 1, 8 So.2d 422.

The courts 'hold that error will not be predicated upon its refusal…