¶1The indictment, charged a sale of the Avhiskey by defendant. The evidence upon the trial was, that, one Allison asked defendant, it he thought he could get him some whiskey, and upon receiving an *122affirmative reply, gave defendant fifty cents, who went away, returning in a short time with one pint of whiskey, which he delivered to Allison without reward for his services. On this proof, the court gave the affirma-tivte charge with hypothesis for the State. In this there was error. The evidence failed to disclose a sale. Young v. State, 58 Ala. 358; Campbell v. State, 79 Ala. 271; Morgan v. State, 81 Ala. 72; DuBois v. State, 87 Ala. 101; Bonds v. State, ante, p. 117.
¶2Reversed and remanded.