— The petition for writ of certiorari is denied.

dissent, for that the ruling is made to depend upon Jackson v. State, 145 Ala. 54, 40 South. 979, and the opinion is entertained that that decision is unsound in its very narrow and technical construction or interpretation of Code 1896, § 4837, now, in substance as presently important, Code 1907, § 6296.