The opinion of the Court was delivered by

“The defendant-appellant was tried in his absence before Judge J. Henry Johnson and a jury on January 15, 1926, on a charge of violation of the prohibition law, and was convicted and sentenced to serve one year in the state penitentiary, or for a like period on the public works of Greenville County.”

The exception is:

' “Because his Honor was in error in sentencing the defendant-appellant to one year on the public works of Greenville County, or for a like period in the state penitentiary, without *380 the alternative of a fine, said sentence being an abuse of discretion, in that said sentence was unreasonable and excessive for such a small amount of whisky. Upon the foregoing exception the defendant-appellant asks the Supreme Court to grant a new trial, or to remand said case to the Circuit Court for a modification of said sentence.”

The exception is overruled as being without merit.

Judgment affirmed.