Petitioner complains in brief that the decision of the Court of Appeals is in error as follows:
We do not think that the opinion of the Court of Appeals supports petitioner's argument. With respect to Title 26, § 214C. (1), Code 1940, the Court of Appeals said merely that there was no written notice, and, for that reason, § 214C. (1) did not apply. No other subdivision of § 214C. was mentioned by the Court of Appeals and we do not here consider any other subdivision of said subsection C. of § 214.
The statement of facts set out by the Court of Appeals fails to show that the employees here considered were guilty of "actual or threatened deliberate misconduct after written warning to the individual."
For § 214C. (1) to disqualify an employee for such misconduct, the statute requires that the individual have such warning.
The Court of Appeals is not in error with respect to § 214C. (1).
LIVINGSTON, C. J., and GOODWYN and HARWOOD, JJ., concur.