
    1888.
    Brown v. The State.
    Accusation of misdemeanor, from city court of Cartersville— Judge Foute. April 14, 1909.
    Submitted July 20, —
    Decided July 31, 1909.
   Russell, J.

Tlie defendant being charged with the offense of being intoxicated within the curtilage of another’s dwelling, and his drunkenness or sobriety therefore being a most material issue, and the court having- in the charge to thejury expressed an opinion that the defendant was intoxicated on the occasion in question, a new trial is demanded. Renal Code, § 1032.. Judgment reversed.

James B. Conyers, Ben J. Conyers, for plaintiff in error.

Watt E. Milner, solicitor, contra.  