
    (129 So. 304)
    ALLEN v. STATE ex rel. James H. PRIDE, Solicitor.
    8 Div. 25.
    Court of Appeals of Alabama.
    June 10, 1930.
    E. W. Godbey, of Decatur, and Douglass Taylor, of I-Iuntsville, for appellant.
    Charlie C. McCall, Atty. Gen., for the State.
   BRICKEN, P. J.

This appeal is by the respondent, in the court below, from an -order of the court in setting aside the verdict of the jury wherein the issues involved were determined in favor of the respondent; and this, in defiance of the court’s instructions to the jury that their verdict should be for the state; this with hypothesis.

The action was brought in the name of the state, upon relation of the solicitor of the T,wenty-Third judicial circuit, and was based upon the provisions of subdivision (1) of section 9932 of the Code 1923.

The cause was here submitted -on May 22, 1930, but without assignment of error, or brief of appellant. For this reason the appeal of necessity must be, and is, dismissed.

Appeal dismissed.  