The opinion
On Rehearing.
[11] The writer of the original opinion is’ content to rest his conclusion as to the refusal of the court to give the affirmative charge as requested by the defendant, on the reasons stated in the opinion, but the other members of the court suggest, and in the suggestion ,all concur, that, in addition to the reasons heretofore stated, this cause cannot be reversed on account of the refusal to give the affirmative charge; it nowhere appearing in the record that the trial court’s attention was called to the variance in time as here insisted upon. Circuit court rule 35; Stith Coal Co. v. Harris, 14 Ala. App. 181 , 68 South. 797 ; Ray v. State, 16 Ala. App. 496 , 79 South. 620 ; Hendrix v. State, 11 Ala. App. 207 , 65 South. 682 .
The application for rehearing is overruled.