
    2333.
    Hill v. The State.
    Accusation of cheating and swindling; from eityr court of Sparta • — Judge Freeman presiding. November 24, 1909.
    Submitted January 13,
    Decided January 21, 1910.
    
      R. II. Lewis, for plaintiff in error.
    
      R. L. Merritt, solicitor, contra.
   Powell, J.

The ease is controlled by Barnes v. State, 3 Ga. App. 333 (59 S. E. 937), and Harwell v. State, 2 Ga. App. 613 (58 S. E. 1111). While the instruction complained of should not have been given, yet the nature of it was not such as to make it reversible error.

Judgment affirmed.  