delivered the opinion of the court.
Gen. No. 32,946.
Heard in the second division of this court for the first district at the October term, 1928.
Opinion filed February 14, 1929.
Rehearing denied February 27, 1929.
J. Gray Lucas, for plaintiff in error. John A. Swanson, state’s attorney, for. defendant in error; Arthur Carlsten and Edward H. Taylor, of counsel.
delivered the opinion of the court.