Willson, Judge.
This conviction is founded wholly upon •circumstantial evidence, and the trial judge omitted to instruct the jury in relation to that character of evidence. This is error for which the conviction must be" set aside. (Counts v. The State, 19 Texas Ct. App., 450.) The Assistant Attorney General confesses this error.
The judgment is reversed and the cause is remanded.
Reversed and remanded.