We find the evidence in this record to be without conflict in establishing that within twelve months before indictment found, in Barbour county, the defendant unlawfully broke a fence on the land of and belonging to W. H. Bryan and failed to immediately rebuild or repair the same. This makes out the case for the State and authorized the affirmative charge in its favor.—Brazleton v. State, 66 Ala. 96.

Affirmed.