
    28340.
    Gentry v. The State.
    Decided September 28, 1940.
    
      Henry L. Barnett, for plaintiff in error.
   MacIntyre, J.

The ruling's in Gentry v. State, (28339), ante, are controlling on the issues in the present ease. The judge erred in overruling the motion for new trial.

Judgment reversed.

Broyles, G. J., and Gardner, J., concur.  