Opinion
6 Div. 253.
June 21, 1927.
Appeal from Circuit Court, Blount County; O. A. Steele, Judge.
James A. Embry, of Ashville, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
So far as we can see, the nature of the prosecution here is not different, in its vital elements, from that dealt with in Brown et al. v. State, ante, p. 31, 111 So. 760, and it being agreed that the truck here involved was not used for hauling timber, lumber, or minerals, upon the authority of the case just cited, the judgment appealed from is reversed, and one here rendered discharging defendant from further custody.
Reversed and rendered.