PRICE, Judge.
The original opinion in this case is hereby withdrawn and the following is substituted therefor as the opinion of the court.
The appeal is from a judgment of conviction for the offense of vagrancy. The state relied for a conviction on the theory that the appellant was a common drunkard, Title 14, Section 437, subsection 5, Code 1940.
The evidence for the state was presented by two deputy sheriffs of Marshall County. One of the officers...
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