#### Claude H. Black, by Enoch E. Black, appellee, v. James E. Bennett et al., appellants.

Gen. No. 6,934.

Assumpsit for money had and received brought under Criminal Code, see. 132 (Cahill’s 111. St. eh. 38, If 308), to recover money alleged to have been lost in gambling. Judgment for plaintiff. Appeal by defendants from the Circuit Court of McDonough county; the Hon. Harry M. Waggoner, Judge, presiding. Heard in this court at the April term, 1922.

Reversed and remanded.

Opinion filed October 25, 1922.

Rehearing denied April 20, 1923.

Moses, Rosenthal & Kennedy, Flack, Flack & Kerman and Miller & Walker, for appellants; Walter Bachrach and Hirsch E. Soble, of counsel. John C. Lawyer, for appellee.

Per Curiam.