
    26842.
    Brice v. The State.
    Decided September 7, 1938.
    
      JSd Wohlwender Jr., for plaintiff in error.
    
      J. B. Thompson Jr., solicitor, contra.
   Guerry, J.

The defendant was convicted of operating and maintaining a lottery. The evidence was wholly circumstantial, and was not sufficient to exclude every hypothesis save the guilt of the accused. The judge erred in overruling the motion for new trial.

Judgment reversed,.

Broyles, O. J., and) MacIntyre, J., concur.  