#### People of the State of Illinois, ex rel. John S. Rusch, appellee, v. William Gilbert, appellants.

Gen. No. 39,922.

Heard in the third division of this court for the first district at the February term, 1938.

Former opinion filed June 29, 1938.

Rehearing opinion filed October 26, 1938.

Louis Greenberg, for appellants. Ditchburne & Lounsbury, for appellee; Thomas J. Johnson, Jr., of counsel.

Mr. Justice Denis E. Sullivan

delivered the opinion of the court.