Oaks v. State

Smith, J.,

delivered the opinion of the court.

The punishment provided by law for the crime of vagrancy is greater for the second offense than for the first. Appellant was convicted, not of a second, but of a first, offense of this character; but the punishment inflicted upon her was that provided for a second offense.

The judgment of the court below is therefore reversed and the cause remanded for proper sentence.

Reversed and remanded.