¶1 The defendant was convicted of being a vagrant, under subdivision 3 of *647 section 7843 of the Code 1907, which provides that—
“Any able-bodied person having no property sufficient for his support, who loafs, loiters, or idles in any city, town, or village, or upon a public highway, or about a steamboat landing, or a railroad station, or any other public place in this state, or any place where intoxicating liquor is sold, without any regular employment,” is a vagrant.
¶2 On the trial of this case in the circuit court, there was no evidence that the defendant was “an able-hodied person” or that he did not have regular employment.
¶3 The Attorney General by brief in this case confesses error in this connection, and concedes that a reversal of the cause should be had.
¶4 We are of the opinion that under the authority of Wallace v. State, 75 South. 633, 1 the position taken by the Attorney General is correct, and the judgment of conviction is accordingly reversed, and the cause is remanded.
¶5 Reversed and remanded.