The court has read the entire evidence in this, case, sitting en banc.

The case, as made by the evidence, against the appellant, cannot be distinguished, in principle, from that shown by the evidence in the case of Trammel v. City of Roanoke, 23 Ala. App. 385, 123 So. 793, and, upon the authority of what we said in the opinion in' that case, we *693 hold that it was error to refuse to give, at appellant’s request, the general affirmative charge in his favor.

Reversed and remanded.