
    Summers v. The State.
    1. This case is controlled by Weaver v. The State, this term.
    2. It being conceded that the accused was a merchant, and bought and sold the machines in question as other merchandise, and there being in the record no evidence tending to show that the company which manufactured them has not paid the tax required by law, the verdict was without evidence to support it, and the court erred in not granting a new trial.
    May 16, 1892.
    This case was tried on the same day in tbe court where tbe Weaver case, supra, was tried, tbe samé counsel appearing.
   Judgment reversed.  