ON REHEARING
BOWEN W. SIMMONS, Supernumerary Circuit Judge.On reconsideration of refused charge No. 9 in section one of this opinion, we conclude that the charge states a correct principle of law as to the element of self-defense relating to danger, but was properly refused for that it leaves out the question of freedom from fault and retreat. Gipson v. State, 262 Ala. 229, 78 So.2d 293(1); Amerson v. State, 43 Ala.App. 148, 182 So.2d 901, cert. den., 279 Ala. 685, 182 So.2d 906. Moreover, the court’s oral charge covered all three elements.
We pretermit considering that part of the oral charge wherein the court charged the jury that the burden was on the defendant to offer evidence relating to certain specified elements of self-defense. There was no exception or objection taken to this placement of “burden.” Lester v. State, 270 Ala. 631, 121 So.2d 110; Buckles v. State, 291 Ala. 359, 280 So.2d 823.
The foregoing was prepared by Hon. Bowen W. Simmons, Supernumerary Circuit Judge, serving as a judge of this Court under § 2 of Act No. 288, July 7, 1945, as amended; his decision is hereby adopted as that of the Court.
Opinion extended. Application for rehearing overruled.
All the Judges concur.