delivered the opinion of the court.

The judgment in this case must be reversed, because it was rendered when there was a plea undisposed of which is a full answer to the declaration. Section 1433 of the code of 1880 applies to criminal cases only. Its citation in Duncan v. Supervisors, 64 Miss., 38, was an inadvertence. No statute authorizes a" judgment in the state of case shown by this record, and such a statute would be intolerable.

Reversed and remanded.