We are of the opinion the case of Fuller v. State, 122 Ala. 32, 26 So. 146, 45 L. R. A. 502, 82 Am. St. Rep. 1, construing section 5462, Code of 1896 (section 5133, Code of 1923), is conclusive adversely to petitioner’s contention, and that the Court of Appeals correctly ruled upon the authority of that case. The writ will be denied. Writ denied.