#### The People of the State of Illinois for the use of William Wardell, executor of the estate of Mary W. Wallace, deceased, appellee, v. Benjamin F. J. Odell, appellant.

Gen. No. 34,594.

Heard in the first division of this court for the first district at the October term, 1930.

Opinion filed January 26, 1931.

Rehearing denied February 9, 1931.

Benj. F. J. O’Dell, for appellant. Gurdon Williams, for appellee.

Mr. Justice O’Connor

delivered the opinion of the court.