
    18619.
    Perkins v. The State.
    Intoxicating Liquors, 33 O. J. p. 595, n. 52.
    Decided March 7, 1928.
    Selling intoxicating liquor; from city court of Carrollton— Judge Hood. November 4, 1927.
    
      Smith & Milliccm, for plaintiff in error.
    
      Emmett Smith, solicitor, contra.
   Rkoyi.es, C. J.

The defendant was convicted of selling whisky. The undisputed evidence for the State showed that he did not sell the whisky, but that, acting as agent for the purchaser, he bought the whisky from a third person and delivered it to the purchaser. It follows that his conviction was unauthorized, and that the refusal to grant him a new trial was error.

Judgment reversed.

Buhe, J., concurs. Bloodworth, J., absent on account of illness.  