
    HOOPER V. THE STATE.
    (Decided July 6, 1906.
    41 So. Rep. 949.)
    Appeal from Marshall Circuit Court.
    Heard before Hon. AY. W. Haralson.
    Street &' Isbell, for appellant.
    Massey Wilson, Attorney General, for State.
    Eeversed and remanded.
   Opinion by

Simpson, J.

Haralson, Tyson, and Anderson, JJ., concur.

Weakley, C. J., and Dowdell and Denson, JJ., dissent.  