
    Penny v. The State.
    Argued November 6,
    Decided November 28, 1899.
    
   Simmons, C. J.

The evidence did not authorize a verdict of guilty. It was, therefore, contrary to law, and the court erred in not setting it aside. Judgment reversed.

All the Justices concurring.

Indictment for burglary. Before Judge Ilenry. Eloyd superior court. July term, 1899.

M. B. Eubanks, for plaintiff in error.

Moses Wright, solicitor-general, contra.  