The People of the State of Illinois, defendant in error, v. Benton Baker, plaintiff in error.

Gen. No. 34,042.

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

Opinion filed January 28, 1931.

Bernstein & Gordon, for plaintiff in error; John E. Foster, of counsel. John A. Swanson, State’s Attorney, for defendant in error; Edward E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.

Mr. Justice Friend

delivered the opinion of the court.