According to the decisions made in the cases of Moore v. The State, (16 Ala. 412,) and Eubanks v. The State (17 ib. 181,) the court erred in overruling the demurrer to the indictment in this ease. The act of 1850, (see section 5,) under which this indictment was found, is substantially the same with'the 98th section of the act of 1848, under which the indictments were found in the cases referred to.

The judgment is reversed, and the cause remanded.