#### Jake Zimmerman, appellant, v. J. A. McCreery et al., trading as J. A. McCreery & Sons, appellees.

Suit under section 132 of Criminal Code for treble amount of his son’s alleged gambling losses by transactions in futures in violation of section 130 of Criminal Code. Verdict of not guilty, and judgment on verdict. Appeal from the Circuit Court of Mason county; the Hon. Guy R. Williams, Judge, presiding. Heard in this court at the October term, 1922.

Reversed and remanded.

Opinion filed April 23, 1923.

Rehearing denied June 26, 1923.

Stone, Dick & Stone, for appellant. Henry L. Child, for appellee.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.