delivered the opinion of the court.
The proof in this case brings it within the rule announced in Stansbury v. State, 98 Miss. 406, 53 So. 783, and McComb City v. Hill, 100 Miss. 193, 56 So. 346, 39 L. R. A. (N. S.) 534. Therefore the judgment of the lower court is reversed, and the appellant discharged.
Reversed.