#### People of the State of Illinois, Defendant in Error, v. Marion Wilson, Plaintiff in Error.

Gen. No. 40,987.

*256Heard in second division, first district, at October term, 1939;

opinion filed February 23, 1940

rehearing denied April 1, 1940.

George B. Holmes, for plaintiff in error;

Thomas J. Courtney, State’s Attorney, for defendant in error;

Edward E. Wilson, John T. Gallagher, Melvin S. Rembe and Blair L. Varnes, Assistant State’s Attorneys, of counsel.

Opinion by Presiding

Justice John J. Sullivan.

“Not to be published in. full.’’