#### The People of the State of Illinois, defendant in error, v. Milton Schmalz, plaintiff in error.

Gen. No. 29,097.

Conviction of assault. Error to the Municipal Court of Chicago; the Hon. J. Fred Gilster, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1924.

Reversed.

Opinion filed October 20, 1924.

George M. Bagby, for plaintiff in error. Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clyde C. Fisher, Assistant State’s Attorneys, for defendant in error.

Mr. Presiding Justice MeSurely

delivered the opinion of the court.