The opinion
JOHNSON, Judge
(dissenting).
The law of Alabama places the duty upon the trial judge, after hea'ring and evaluating all of the evidence admitted with reference thereto, to decide whether or not appellant’s confession is admissible and further places the duty upon the trial jury to determine and pronounce the guilt or innocence of the appellant after hearing and considering all of the evidence under the rules of law given by the court, including the “confession”. These general principles governing criminal practice have long been prevailing.
After reading and carefully considering' all of the evidence, including the degree of' intoxication of appellant, and the obvious findings of the trial court and the jury, respectively, in the light of the rules herein-pronounced, it is my opinion that there was no reversible error in this record and that-this cause is due to be affirmed.