On Rehearing.
PRICE, Judge.Appellant’s counsel requests that our opinion be extended so as to set out in full (1) motion to quash the indictment; (2) plea in abatement; (3) amendment to motion for new trial; (4) defendant’s given charge 30; (5) defendant’s refused charge 12; (6) this statement of the solicitor following defendant’s objection to questions concerning Wright’s actions: “It is our theory that there was a conspiracy and what one did was binding on the other.”
The pleadings have been incorporated in the original opinion by reference, and the *205Supreme Court has said that it will examine the record when necessary to a more complete understanding of the features of the record treated by us. This includes the issues made by the pleadings, as well as charges, et cetera. Cranford v. National Surety Corporation, 231 Ala. 636, 166 So. 721; Sinclair Refining Co. v. Robertson, 247 Ala. 260, 23 So.2d 872; John E. Ballenger Const. Co. v. Joe F. Walters Const. Co., 236 Ala. 546, 184 So. 273.
We did not treat the charges referred to herein in our original opinion. Refused charge 12 was the general affirmative charge as to murder in the second degree. Error cannot be rested upon refusal of this charge, the defendant having been convicted of manslaughter. Hubbard v. State, 36 Ala.App. 110, 53 So.2d 631; Shikles v. State, 31 Ala.App. 423, 18 So.2d 412.
The defendant cannot complain because of the court’s giving to the jury of charge 30, requested by him and which was favorable to him.
Application overruled.