The points for decision in this case appear to be in all respects similar to those involved in the case of George Mastoras v. State, Ala.App., 180 So. 113,1 this day decided; and the controlling facts are the same in the two cases.
We are satisfied with what has been said by Judge Samford in disposing of the Mastoras Case; and, upon the authority of the decision in that case, the judgment here appealed from is reversed, and the cause remanded.
Reversed and remanded.
1 Ante, p. 123. *Page 128