
    26010.
    Vickers v. The State.
    Decided January 12, 1937.
    
      M. G. Hieles, E. 8. Griffith, James Loy Griffith, for plaintiff in error.
    
      John A. Boylein, solicitor-general, J. W. LeOraw, Quincy O. Arnold, contra.
   Broyles, C. J.

The defendant was convicted of burglary. The evidence, while disclosing that he broke into the dwelling-house of the prosecutor, was insufficient to show that the breaking was done with intent to commit a felony or larceny. Under a proper indictment or accusation, the evidence would have authorized a conviction of being in an intoxicated condition within such dwelling-house. The verdict was unauthorized by the evidence, and the refusal to grant a new trial was error. Judgment reversed.

MacIntyre and Guerry, JJ., concur.  