Stephens v. State

On Behearing.

PEB CUBIAM.

This case, on original submission was affirmed, no opinion being written in the same.

On application for rehearing, appellant insists that the judgment and sentence are not responsive to and in accord with the verdict of the jury. Of course, if this is true, the judgment must be reversed on appeal. 16 C. J. 1302; Erwin v. State, 21 Ala. App. 376, 108 So. 645; Geo. Tom McGee v. State, ante, p. 500, 117 So. 487.

Appellant was tried under an indictment consisting of four counts; tile last, or fourth, count charging him with the offense of unlawfully having in possession a…