delivered the opinion of the court.

Appellant was the only witness who testified in her behalf in the court below, and her evidence, if believed by the jury to be true, entitle her to an acquittal. Consequently, as held by this court in Smith v. State, 90 Miss. 111, 43 South. 465, 122 Am. St. Rep. 313, and Gaines v. State, 48 South. 182, the granting of the second instruction requested on behalf of the- state was fatal error.

Reversed and remanded.