¶1 So far' as we can observe or ascertain the situation with reference to this appeal is exactly similar to that obtained with reference to' the appeal in the case of Paulk v. State, 25 Ala.App. 212, 143 So. 585.
¶2 And upon the authority of what we there said the judgment here appealed from is affirmed. See Ex parte Paulk, 225 Ala. 420, 143 So. 585.
¶3 Affirmed.