Tyre v. State

This is the second appeal in this case. Tyre v. State, 20 Ala. App. 483, 103 So. 91. Upon the former appeal this court held that the evidence adduced upon that trial presented a jury question. The cause was reversed, however, because of error in the rulings of the court upon the admission of the testimony. A careful study of the evidence upon this appeal, and an attentive consideration thereof, convinces us that a question for the determination of the jury was clearly apparent upon this trial. The insistence here made that the defendant was entitled to the affirmative charge cannot be…