The evidence in this ease is without conflict or dispute. This court is of the opinion that the state in this case failed to meet the burden of proof, and that the evidence, as a whole, was insufficient to overcome the presumption of innocence which attended the accused throughout the trial. Under this evidence he should have been discharged. For the error in refusing the affirmative charge, re *675 quested in'writing, the judgment of conviction is reversed and the cause remanded. Reversed and remanded.