#### People of the State of Illinois, appellant, v. Max Fiegen, appellee.

Gen. No. 39,561.

Heard in the first division of this court for the first district at the June term, 1937.

Opinion filed October 18, 1937.

Thomas J. Courtney, State’s Attorney, for appellant; Edward E. Wilson and Amos P. Scruggs, Assistant State’s Attorneys, of counsel. Joseph W. Schulman, for appellee.

Mr. Justice Matchett

delivered the opinion of the court.