(Syllabus.)
Appeal and Error — Disposition of Cause Upon Confession of Error.
Where defendant in error in this court files a confession of error, the court in its discretion may reverse and set aside the judgment of the lower court under such confession of error.
LESTER, C. J.
The defendant in error in this cause has filed a confession of error which recites in part that the judgment of the district court was not sustained by the evidence and is contrary to law. Upon said confession of error, the judgment of the district court is reversed and set aside.
CLARK, V. C. J., and RILEY, HEFNER, CULLISON, SWINDALL, ANDREWS, McNEILL, and KORNEGAY, JJ., concur.