
    Myers v. State.
    
    (Division A.
    March 12, 1928.)
    [115 So. 898.
    No. 26878.]
    Criminal Law. On excessive sentence, supreme court will affirm in other respects and remand cause for new sentence (Hemingway’s Code 1927, section 2297).
    Where sentence imposed exceeded that permitted by Hemingway’s Code 1927, section 2297 (Laws 1918, chapter 189, section 17), supreme court on appeal will affirm judgment in all respects except as to sentence imposed, as to which cause will be remanded for new sentence.
    Appeal from circuit court of Simpson county.
    Hon. W. L. Craneord, Judge.
    Sidney Myers appeals.
    Affirmed in part, and in part reversed and remanded.
    
      A. M. Edwards, for appellant.
    
      Rufus Creelcmore, Assistant Attorney-General, for the state.
    
      ■Argued orally by A. M. Edwards, for appellant, and Rufus Greekmore, for tbe state.
    
      
      Corpus Juris-Cyc. References: Criminal Law, 17CJ, p. 371, n. 51.
    
   Smith, C. J.

The only error committed in tbe court below is that tbe sentence-imposed exceeds that permitted by section. 17, chapter 189, Laws of 1918 (Hemingway’s 1927 Code, section- 2297). Consequently tbe judgment will be affirmed in all respects except as to the sentence imposed, as to which it will be reversed, and tbe cause will be remanded for a new sentence.

- Reversed in fart and remanded  