
    18449.
    Strickland v. The State.
    Criminal Law, 16 C. J. p. 1178, n. 63; 17 C. J. p. 203, n. 85, 87.
    Drunkards, 19 C. J. p. 797, n. 31, 32; p. 798, n. 33; p. 802, n. 17.
    Decided November 16, 1927.
    Drunkenness at public assembly; from city court of Cairo— Judge J. Q. Smith. August 22, 1927.
    
      M. L. Ledford, G. A. Worthy, for plaintiff in error.
    
      Jeff A. Pope, solicitor, contra.
   Broyles, O. J.

1. The accused was convicted*of being in an intoxicated condition “at a certain place of public gathering and assembly, to wit, the filling-station and store of Gleve Thomas in Calvary, Georgia.” Under the evidence adduced the jury were not authorized to find that the filling-station and store in question was a place of public gathering or assembly within the meaning of the statute. It follows that the defendant’s conviction was unauthorized, and the court erred in refusing the grant of a new trial. »

2. The above-stated ruling being controlling in the case, the other assignments of error are not passed upon.

Judgment reversed.

Luke cmd Blood-worth, JJ., coneur.  