¶1After reading the evidence and considering this record en banc, the court is of the opinion that the evidence of the state and the inferences to be drawn therefrom are not sufficient to overcome the presumptions of innocence, and that this conviction should not be allowed to stand.
¶2There is no authority of law to sentence a defendant to an indeterminate sentence at hard labor for the county. When the punishment is indeterminate, the sentence must be to the penitentiary. Code 1923, § 5268.
¶3The judgment is reversed, and the cause is remanded.
¶4Reversed and remanded.
¶6After reading the evidence and considering this record en banc, the court is of the opinion that the evidence of the state and • the inferences to be drawn therefrom are not sufficient to overcome the presumptions of innocence, and that this conviction should not be allowed to stand.
¶7There is no authority of law to sentence a defendant to an indeterminate sentence at hard labor for the county. When the punishment is indeterminate, the sentence must be to the penitentiary. Code 1923, § 5268. ,
¶8The judgment is reversed, and the cause is remanded.
¶9Reversed and remanded.
¶10On Rehearing.
¶11Original opinion withdrawn. Opinion substituted. Rehearing granted, judgment reversed, and the cause is remanded.