¶1delivered tbe opinion of tbe court.
¶2Tbe affidavit upon which appellant was convicted in the court ■of tbe justice of tbe peace wholly fails to bring tbe appellant within tbe terms of any subdivision of section 3849, Code 1906. The judgment rendered, therefore, is void.
¶3Tbe judgment of the court below is reversed, and tbe appellant discharged. Reversed.