The petitioner seeks to review the holding of the Court of Appeals in two respects. First, for sustaining the trial court in submitting -the case to the jury without a demand being made by the defendant for a trial by jury. Second, in refusing the affirmative charge’’requested by him in writing. The- Court of Appeals states the evidence upon which the trial court acted in these two rulings, and we concur -in the holding* in both respects. Birmingham Southern R. Co. v. Goodwyn, 202 Ala. 599, 81 So. 339; Thompson et al. v. State ex rel. Key, 247 Ala. 585, 25 So.2d 671.

Writ of certiorari. is, therefore, denied.

Writ denied.