
    Rogers v. The State.
    Appeal from the City Court of Montgomery.
    Tried before the Hon. William H. Thomas.
    Wilpord H. Smith, for appellant.
    Massey Wilson, Attorney-General, and S. ,H. Dent, Jr., for the State.
   The appellant in this case was indicted and tried for murder; was convicted, of murder in the second degree, and sentenced to the penitentiary for twenty-five years.

The*judgment is reversed and the cause remanded on the authority of the decision and in pursuance of the mandate of the Supreme Court of the United States.

Opinion Per Curiam.  