On Rehearing.
Charge No. 2, as requested in writing by defendant, is materially different from charges held good in Forney v. State, 98 Ala. 19, 13 South. 540, and Beason v. State, 5 Ala. App. 103, 59 South. 712, in that the charge requested in the instant case begins by a statement of the duty of the jury, merely, to weigh and consider all the evidence in the case, which is elementary. It then proceeds to predicate an acquittal upon a reasonable doubt growing out of any part of the evidence, which is not the law, while ' the charges in the eases supra predicate a reasonable doubt upon the whole evidence.
Application overruled.