#### The People of the State of Illinois, defendant in error, v. Philip Davis, plaintiff in error.

Gen. No. 29,506.

Prosecution for assault with deadly weapon. Defendant found guilty. Error to the Criminal Court of Cook county; the Hon. John B. Caverly, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.

Affirmed.

Opinion filed February 9, 1925.

Rehearing denied February 24, 1925.

Bieger & Bieger, for plaintiff in error. George H. Sugrue, of counsel. Bobert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.

Mr. Justice Johnston

delivered the opinion of the court.