#### The People of the State of Illinois, defendant in error, v. John Nolan, plaintiff in error.

Gen. No. 31,132.

Conviction for assault with deadly weapon with intent to inflict bodily injury. Error to the Criminal Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.

Reversed and remanded.

Opinion filed February 1, 1927.

Stewart & O’Brien, for plaintiff in error. Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.

Mr. Justice Fitch

delivered the opinion of the court.