#### The People of the State of Illinois, defendant in error, v. Janie Rhodes, plaintiff in error.

Gen. No. 26,992.

Charge of stealing gas and receiving it knowing it to have been stolen. Judgment of guilty formerly affirmed (226 111. App. 633), on ground that there was no error in common-law reeord, bill of exceptions having been stricken out. Appeal to Supreme Court (308 111. 146), bill held improperly stricken, and judgment reversed and remanded to Appellate Court. Error to the Criminal Court of Cook county; the Hon. Charles M. Thomson, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1923.

Reversed.

Opinion filed December 24, 1923.

S. A. T. Watkins, James E. White and Darrow, Sissman, Holly & Carlin, for plaintiff in error. Robert E. Crowe, State’s Attorney, for defendant in error; Henry T. Chace, Jr., Edward E. Wilson and Clyde C. Fisher, Assistant State’s Attorneys, of counsel.

Mr. Justice McSurely

delivered the opinion of the court.