Appellant was charged by indictment with theft of an automobile of the value of $300. He was tried in the District Court and given two years in the penitentiary.
Under the recent Act of the Legislature theft of an automobile is made a misdemeanor. This matter was reviewed in the recent case of Sparks v. State, from Clay County, in an opinion by Judge Harper. Under the authority of that case this judgment will be reversed and the cause remanded.
Reversed and remanded.