1. APPEAL — Verdict. A verdict of guilty by a jury and judgment imposed accordingly by a trial court cannot be upheld in the Criminal Court of Appeals when the record fails to disclose competent evidence tending reasonably to support such verdict and judgment.

2. APPEAL — Discussion of Case. When a discussion of errors assigned can serve no good purpose, this Court will ordinarily decline to review them.

Appeal from District Court, Noble County; Hon. W.M. Bowles, Judge.

Charley Sherman was convicted of incest, and appeals. Reversed.

H.A. Johnson, for plaintiff in error.

R. McMillan, Assistant Attorney General, for the State.

ARMSTRONG, J. The plaintiff in error, Charley Sherman, was convicted at the February, 1913, term of the District Court of Noble county on a charge of incest, and his punishment fixed at imprisonment in the state penitentiary for a period of ten years.

The attorney general has filed a confession in error in this cause, based upon the ground that there is no competent evidence in the record upon which to base a judgment of conviction. A careful examination of the record by the court discloses the correctness of the attorney general's position. The confession in error is therefore sustained.

No good purpose could be served by a discussion of the errors assigned. The judgment is reversed upon the ground that the evidence is insufficient to justify the conviction.

DOYLE, P.J., concurs; FURMAN, J., absent.